"Looking ahead to 2026, I expect the center of gravity in AI IP disputes to move from inputs to outputs. The early cases addressed training copies. The next wave will focus on when model outputs become infringing, what substantial similarity means for synthetic text and images, and how plaintiffs can actually prove market substitution or dilution. On fair use, I do not expect a quick Supreme Court answer. Instead, we will probably see more detailed district court opinions and, eventually, the first circuit level decisions that start to sketch a workable standard for AI training."
"In parallel, I would expect a shift in business practice. Clean data, licensing, and provenance will become selling points and not just risk control. Boards and investors will ask harder questions about where training data came from, how long it is kept, and how well a company can document its story. On the patent side, eligibility, AI inventorship, and enablement for broad AI claims will remain constant pressure points. Policy debates around PERA will continue in some form. Congress and the USPTO have clearly kept § 101 in the conversation as evidenced by the recent 2025 Senate Judiciary Committee hearing on the Patent Eligibility Restoration Act (PERA) and ongoing USPTO materials on subject matter eligibility."
"Simply put, the pendulum that has swung so significantly away from patent owners over the past dozen years will begin to swing back."
The center of gravity in AI IP disputes will move from training inputs to model outputs, prompting litigation over when outputs become infringing and what substantial similarity means for synthetic text and images. Fair use will be resolved gradually through detailed district court opinions and early circuit decisions that require real evidence about user interactions and market effects. Businesses will emphasize clean data, licensing, and provenance as commercial advantages while boards and investors scrutinize datasets and retention practices. Patent pressures will persist around subject-matter eligibility, AI inventorship, and enablement for broad AI claims, and policy debates around PERA will continue alongside congressional and USPTO activity.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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