ABSTRACT
This article determines and explains the complex relationship between artificial intelligence (AI) and United States (US) design law, beginning with a brief introduction aimed at developing sensible definitions to alleviate the confusion surrounding these ambiguous topics. Focusing primarily on design law and other information of relevance, this article shall avoid delving into the neighboring sectors of copyright law, trademark law, trade secret law, utility patent law, and plant patent law. Rather, this article details US design law by providing all current definitions and understandings of US design law by utilizing historical cases in conjunction with reasonable inference, this article will demonstrate the extent to which AI may be used in the creation of designs while highlighting the peculiar absence of court-ordered restrictions against AI-generated/automatically generated designs within US industrial design law and US design patent law, contrary to the current restriction against automatically generated copyrights in US copyright law. Considering this notable difference, one might assume this lenient attitude toward the use of AI in US design law extends to US trademark law. A habitual mistake of students and professionals alike is to discuss ‘patent law’ with no mention of ‘design patent law’, essentially denying its existence. This article will guide readers through the intricacies of US law, aiming to forge a meaningful connection between AI and US design law while paying particular attention to the glaring issues raised by AI-generated designs, with the aim of synthesizing ‘AI and design law’ as a singular concept.
Gregory Gerard Greer, Artificial intelligence and design law, Queen Mary Journal of Intellectual Property, volume 15, issue 3, pp 288-302. Published: 1 September 2025.
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