As technology and innovation continue to reshape our world, intellectual property (IP) law is also evolving. Staying ahead is essential for entrepreneurs, inventors, and business owners looking to secure their ideas—and 2026 is set to bring new opportunities and challenges to the IP landscape.

What’s Changing in IP Law?

1. The Rise of AI-Generated Works
Artificial intelligence is now creating music, art, code, and inventions. In 2026, questions about who owns these creations will take center stage. The U.S. Copyright Office and Patent Office are offering evolving guidance, but protecting AI-driven works typically hinges on clear documentation of the human element in their creation. If you’re using AI to develop something new, carefully recording your process can help clarify ownership and support your IP claims.

2. Data as an IP Asset
As businesses increasingly rely on proprietary data, protecting valuable datasets and the methods used to collect, organize, and analyze them is a growing concern. While raw data itself can't be patented or copyrighted, innovative processes for working with data may be eligible for protection. Ensure your descriptions are detailed and technical—vague claims are more likely to be rejected.

3. Non-Traditional Trademarks
Think beyond logos and slogans: sounds, holograms, and even virtual user experiences are being registered as trademarks. Brands seeking to stand out in crowded digital markets are turning to these unconventional forms of IP, and examiners are responding with clearer rules for what qualifies as a distinctive mark. If you’re considering protecting something unique about your brand, now is the time to explore these new categories.

4. Global IP Enforcement
The world is more connected than ever, and so are the challenges of enforcing IP across borders. In 2026, we expect to see more international cooperation—and complexity—when it comes to protecting and defending patents, trademarks, and copyrights abroad. Strategic filings and early action remain your best protection when expanding into new markets.

Actionable Steps for Innovators

• Keep thorough records of invention and creative development, especially when using AI tools.
• Consult with The Law Firm of Andrea Hence Evans, LLC for guidance on international filings before launching overseas.
• If your brand experience is unique—distinct sounds, interactive apps, virtual interfaces—ask about non-traditional trademark protection.
• Don’t wait on protecting key concepts; filing early can make all the difference as new rules come into play.

We help innovators like you translate emerging trends into straightforward strategies, so you can focus on building value through your ideas. Learn more about how these changes might affect your IP portfolio by scheduling a consultation. We have 10 consultations available in 2025!

Wishing you continued success as you shape tomorrow’s innovations!

Sincerely,
The Law Firm of Andrea Hence Evans, LLC

www.evansiplaw.com

(301) 497-9997

info@evansiplaw.com