Securing America’s Innovation Future: Modernising IP for AI and Emerging Technologies

This opinion piece is part of Access Partnership’s  ‘A Digital Manifesto’  initiative, which recommends a framework to develop US global leadership on digital policy for the first 100 days of the Trump administration. 

In a fast-paced era marked by breakthroughs in artificial intelligence (AI), biotechnology, and clean energy, updating intellectual property (IP) frameworks is critical for maintaining America’s competitive edge, innovation leadership, and national security. Robust IP protections empower innovators, especially start-ups and small businesses, to confidently pursue bold ideas, knowing their creativity is secure from infringement. Without clear and enforceable IP rights, entrepreneurs face heightened risks, reducing their motivation to experiment, invest, and scale innovations that could significantly benefit society. We recommend that the Trump administration introduces clear and streamlined IP filing procedures to reduce bureaucratic hurdles and strengthens enforcement mechanisms to protect innovators from infringement.

Balancing innovation and copyright protection

As Large Language Models (LLMs) become foundational to artificial intelligence, balancing their development with copyright protection is increasingly critical. Effective modernisation of IP frameworks should clearly delineate rights and obligations to ensure fairness for both developers of LLMs and copyright holders. Transparent standards and licensing mechanisms are needed to incentivise innovation while protecting original creators from unauthorised exploitation. This is especially critical to avoid copyrighted content being exploited by foreign competitors for training, and improving the quality of AI outputs by training them on reliable licensed content.

Emerging technological solutions can significantly enhance responsible copyright usage. Digital watermarking and content fingerprinting technologies can uniquely identify original works, ensuring proper attribution and facilitating rights management. Blockchain-based licensing provides secure, transparent, and immutable records of ownership and usage rights. AI-powered content identification can proactively detect copyrighted materials, streamline licensing, and minimise disputes.

At the same time, AI-driven tools streamline filings, enhance accuracy, and minimise costly disputes. By adopting digital innovations, IP agencies can vastly improve efficiency and transparency, levelling the playing field for resource-constrained innovators. Such advancements boost public trust and foster productive collaboration, enabling quicker, safer, and more equitable access to IP protections.

Empowering start-ups and innovators

Start-ups and small innovators are vital engines of technological progress, driven by agility and rapid adaptability. Yet, outdated, cumbersome, and costly IP frameworks pose significant hurdles, limiting their growth potential. Modernising IP systems to simplify processes, reduce filing burdens, and ensure fairness across all sectors is essential. By doing so, we foster an environment where innovators of every scale can thrive, stimulating broader economic growth and amplifying their contributions to society.

Promoting secure, collaborative innovation

Collaboration is central to today’s most significant breakthroughs. Modern IP frameworks must support seamless knowledge exchange across industries, institutions, and international borders. Flexible licensing models, standardised agreements, patent pools, and open-source frameworks can dramatically reduce barriers, facilitating faster implementation of critical innovations in health, energy, manufacturing, and beyond. These measures cultivate environments where secure and fair partnerships flourish, accelerating technological advancement.

Championing responsible data sharing

Responsible and transparent data-sharing frameworks are indispensable for progress, particularly in healthcare, cybersecurity, and machine learning. IP modernisation should include clear, secure data-sharing agreements that safeguard privacy, ensure contributor recognition, and establish fair compensation. Such frameworks accelerate essential research, strengthen national security systems, and support public welfare. Reliable access to high-quality data without sacrificing security or transparency is foundational for resilient and innovative ecosystems.

Recommendations for investing strategically in America’s innovation future

Modernising IP frameworks is a strategic move beyond mere policy adjustments; it represents a critical investment in America’s enduring economic strength, global competitiveness, and national security. Clear IP protections, transparent collaboration mechanisms, and responsible data-sharing strategies unleash the full potential of American innovators, particularly small businesses and start-ups. With deliberate, forward-thinking IP policies, America will not only maintain its position as an innovation leader, but inspire a future rich with opportunity, growth, and prosperity for generations to come.

Here are our recommendations for building a strong IP framework:

1. Develop clear guidelines specifying permissible use of copyrighted content in LLM training datasets, including fair compensation structures for rights holders.
2. Establish flexible licensing agreements and standardised contracts (with built-in privacy and security protections) to streamline negotiations between content creators and AI developers.
3. Fund pilot programmes integrating blockchain and AI-driven content identification systems, establishing robust frameworks for fair and transparent use of copyrighted materials.
4. Invest in AI tools to automate IP searches, expedite reviews, and enhance dispute resolutions.
5. Support platforms and hubs for secure and regulated data exchanges in critical industries.
6. Establish special IP support programmes for start-ups, providing resources and guidance.
7. Implement fee reductions and simplified processes specifically for small businesses and start-ups.
8. Launch a national IP innovation fund to support cutting-edge research and commercialisation.
9. Establish cross-sector advisory councils to regularly update IP policies in line with technological advancements.
10. Promote international cooperation frameworks that protect American IP abroad.

Building a stronger innovation ecosystem

Modernising IP frameworks is not just about protecting ideas—it’s about fostering an ecosystem where innovation thrives. With clear protections, streamlined processes, and responsible collaboration, America can secure its leadership in emerging technologies for generations to come.

At Access Partnership, we combine technical expertise with decades of experience working alongside both the public and private sectors. Our data-driven analysis and strategic insights help clients anticipate regulatory shifts, identify risks and opportunities, and develop effective, impactful policy strategies. To find out how we can support your goals, please contact [email protected].