Precedents: Intellectual Property — Patents, Trade Marks, Copyright, Designs

6 starting-point precedents for this area. Each one names the law it rests on and says how far AI may help.

Precedents in this area
6
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Newest law stated as at
17 October 2026
Guidance for this area
Tasks and AI use in Intellectual Property — Patents, Trade Marks, Copyright, Designs
Precedents for Intellectual Property — Patents, Trade Marks, Copyright, Designs
PrecedentKindWhere it appliesAI useLaw stated as at
Trade mark clearance search report and filing recommendationAdvice memo reporting the results of a trade mark clearance search: registrability under s 41, conflicts under s 44, opposition risks, use (infringement) risk, options, and a filing recommendation with classes and specification.MemoAustralia Yellow17 October 2026
IP infringement letter of demand (trade mark, copyright, design, patent) with unjustified-threats checkModular letter of demand for registered trade mark, copyright, registered design or patent infringement, with a pre-sending checklist to manage the statutory unjustified-threats actions in each Act.LetterAustralia Yellow17 October 2026
Deed of assignment of intellectual property (with moral rights consent)Deed assigning copyright, registered and unregistered IP from an individual or company to the client, with a present assignment of future copyright, a moral rights consent that meets s 195AWA, recordal steps and further assurance.DeedAustralia Yellow17 October 2026
Research collaboration contract (Australian IP Toolkit for Collaboration and HERC IP Framework) — use guideGuide to choosing and completing the Government's free collaboration templates: the IP Toolkit model term sheet, model contract and mini contract, and the HERC IP Framework for university collaborations, with updates needed since 2015.AgreementAustralia Yellow17 October 2026
Clause set: ownership of AI-generated output and training-data rights (with warranties and indemnities)Clauses for contracts involving generative AI: who owns outputs (and what happens where no copyright subsists), whether customer data may be used for training, training-data warranties, output indemnities and records of human contribution.ClauseAustralia, United Kingdom (England and Wales), United States, European Union Yellow17 October 2026
Memo: AI contribution, inventorship and authorship before filingFile memo for patent and copyright matters where AI tools were used: maps each claimed feature or creative element to the human who conceived it, records the AI tools used, and confirms the named inventors and the applicant's entitlement.MemoAustralia, United Kingdom (England and Wales), United States Yellow17 October 2026

AI use levels: Green means AI can do most of the drafting and a lawyer reviews it. Yellow means AI helps in set ways and a lawyer checks specific points. Red means a lawyer does the work and AI stays out of the decisive steps.

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