Among the most sensitive issues addressed by the new regulatory framework is the protection of intellectual property, particularly in relation to creative works and innovations developed with the use of AI.
Copyright and AI: Toward a “Hybrid” Protection
One of the most significant changes concerns the amendment of the Italian Copyright Law (No. 633/1941), which has been updated to respond to new creative processes linked to artificial intelligence. The law now establishes that:
- Works generated with the aid of AI systems may be protected, provided there is demonstrable and significant human creative input;
- Text and data mining is permitted for the training of AI models, as long as access to the data is lawful and not restricted by the rights holder, in line with the EU Copyright Directive.
This approach seeks to balance technological innovation with copyright protection, preventing content produced entirely by automated systems from receiving the same protections reserved for human creativity.
Patentability of AI: What Is (Really) Protectable
On the patent front, the established practice of EPO promotes enhanced clarity. AI itself is not patentable — nor is the algorithm per se — but it may become patentable when it results in a concrete technical solution to a specific problem, in the form of a software or hardware application.
When drafting a patent application for AI systems, it is important to accurately describe:
- The model’s architecture (e.g., neural networks),
- The system’s inputs and outputs,
- The training methods,
- The performance metrics.
All of these elements contribute to demonstrating the inventiveness and technical application of the proposed solution.
Why a Clear Strategy Is Essential
In a rapidly evolving regulatory environment, companies can no longer improvise. Whether dealing with AI systems embedded in industrial products or software models designed for specific sectors, it is crucial to:
- Identify from the outset what is actually protectable,
- Verify compliance with European regulations,
- Carefully manage aspects of compliance, transparency, and traceability required by the new regulatory standards.
A preliminary technical and legal assessment not only helps avoid obstacles during the patenting or rights registration process but also strengthens competitive positioning in the market.
Conclusions: Creativity, Innovation, and Law Must Be Rethought Together
With the new AI law and the European AI Act, a new phase of governance for intellectual property begins. The regulatory framework is called upon to interpret and support technological changes, finding a balance between protecting human creativity and recognizing the technical contributions of artificial intelligence.
Our Support
Our multidisciplinary team is ready to assist companies, startups, and professionals in all phases of development, use, and protection of AI systems:
- Analysis of the protectability of AI-assisted works and inventions
- Advice on patents and copyright in the technology sector
- Strategy for the protection and enhancement of IP assets
