One great application of AI design is patent poisoning. Use AI to churn out masses of variant designs, make them publicly visible on a web site, and if future patents come out use any collisions to invalidate them or at least restrict their scope (generalization of a patent is limited by prior art.)
I’m reminded of lawyer Damien Riehl’s (performative) reaction to the Sam Smith infringement decision, back in 2019/2020. He and programmer Noah Rubin algorithmically generated every possible melody (within a certain combinatorial space, in MIDI format as I recall), and purported to release them under CC-0 license [0]. He went on to attract some attention and explain his argument at a regional TEDx event [1].
I seem to recall legal commentators reacting with an eyeroll—apparently judges split much finer hairs than these for a living—but it was a cute stunt.
For sure, but I suspect the law might look similarly dimly on the argument that “machines systematically generated all possibilities in the problem space” === “somebody already had this idea.” I’d imagine maybe by reading specific human intention into “prior art” and “existing work” and those sorts of terms.
Which is not to say let’s not do it anyway and see!
There is a fairly effective counterpoint here that information is worthless if nobody can find it. Generating a handful of useful designs in a sea of pointless ones doesn’t count as ‘coming up with it’. Remember that a description of every idea already exists in the Library of Babel. I do not think that AI generation without curation really counts as ideation.
My point was that it’s hard to imagine citing something that could not be patented as prior art. It would be like citing a phone book as proof that a software program can’t be copyrighted (“the exact bytes appear in the 1973 Albany NY white pages, therefore it wasn’t original”)
