AI Startups: Intellectual Property, Regulation, Cybersecurity, and Ethics

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Description and Tags

Comprehensive vocabulary flashcards covering patent analysis, copyright law, trademarks, cybersecurity threats, algorithmic bias, and regulatory compliance for AI startups.

54 Terms

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Prior Art Search

The technical process of searching patent databases, such as Google Patents or USPTO Patent Public Search, to identify published patent documents and granted patents that relate to a startup's proposed technology before filing.

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Independent Patent Claim

A standalone patent claim that sets forth the essential novel technical features of an invention without relying on or referencing another claim in the patent.

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Retrieval-Augmented Generation (RAG)

A technical architecture investigated in patent databases for conversational AI and virtual assistants that integrates document retrieval, semantic search, and context management into generative models.

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Knowledge Tracing

A technical method investigated in patent databases for AI education and tutoring software to model and track student mastery of concepts over time.

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Adaptive Learning Algorithms

Algorithmic methods investigated in patent databases for tutoring software that personalize instruction, assessment, and content pacing to individual learner performance.

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Ethics

The philosophical study of morality and how to live a good life, focusing on what is right, fair, transparent, and socially responsible beyond legal compliance.

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Epistemology

The philosophical study of knowledge, specifically examining its origin, nature, structures, and limits.

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Ontology

The branch of philosophy (metaphysics) that investigates the nature of being and existence.

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Engineering Quality (in AI)

An expanded engineering standard defined by the holistic formula: quality includes performance + safety + privacy + fairness + accountability.

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Law (in AI Governance)

Legally binding rules passed by a government or legislature that define legal rights, obligations, and penalties for non-compliance (e.g., GDPR, U.S. state privacy laws, HIPAA, COPPA).

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Regulation (in AI Governance)

Specific, legally binding operational requirements and phased compliance timelines issued by regulatory agencies to implement statutory law (e.g., the EU AI Act).

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Guidance (in AI Governance)

Non-binding, voluntary risk-management frameworks and best practices issued by standards bodies or government agencies to help organizations operationalize compliance (e.g., NIST AI RMF).

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Contract (in AI Governance)

Private legally binding agreements between organizations that define permitted and prohibited uses of data, models, and services (e.g., DPAs, cloud terms of service, dataset licenses).

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Data Minimization

The privacy principle requiring an engineering team to collect only the data strictly necessary to execute a specified product function.

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Purpose Limitation

The data governance principle stating that personal information collected for a specific intended purpose (such as diagnostic support) cannot silently be repurposed for an unrelated downstream objective (such as advertising).

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Principle of Least Privilege

A foundational cybersecurity control ensuring that a system component, user, or inference service only receives access to the minimum set of records and permissions required for its immediate task.

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Prompt Injection

An AI-specific cybersecurity threat wherein untrusted instructions embedded in retrieved text or user queries attempt to override system rules and redirect model actions.

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Data Poisoning

An AI-specific cybersecurity threat where an adversary alters training examples or retrieval documents to induce malicious, incorrect, or biased model behavior.

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Model Extraction

An attack where an adversary issues repeated black-box queries to a model in order to approximate its parameters and reconstruct a functional unauthorized copy.

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Adversarial Inputs

Deliberately crafted small modifications to an input (often imperceptible to humans) that cause a machine learning model to misclassify or fail.

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Historical Bias

A form of bias in the AI pipeline where past real-world societal inequities and discriminatory practices are encoded directly into historical training datasets.

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Sampling Bias

A bias that occurs when a training dataset is skewed or unrepresentative of the product's actual target user population (e.g., collecting mostly light-skin training images).

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Measurement Bias

A bias arising when data collection sensors, cameras, or human annotators exhibit unequal quality or higher error rates across different demographic subgroups.

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Algorithmic Bias

A disparity in AI system performance introduced when model architecture, objective loss functions, or decision thresholds result in unequal error rates across groups.

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Deployment Bias

A bias that emerges when an AI model is deployed in a real-world setting, population, or clinical workflow that diverges from the conditions present during training.

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Human-in-the-Loop (HITL)

A governance and safety mechanism where a trained human reviewer has sufficient time, context, and authority to examine, question, and override AI outputs.

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Intellectual Property (IP) Rights

Legal protections for creations of the mind—such as inventions, artistic works, designs, and brand symbols—that grant creators exclusive control over their intangible assets.

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Real Property

A legal classification of property consisting exclusively of land and permanent immovable structures attached to it.

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Personal Property

Movable tangible possessions owned by an individual or entity, such as cars, jewelry, and clothing.

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Easement

A non-corporal legal interest in real property that grants a third party the right to use land for a specified purpose, such as railroads and utilities.

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Patent

A property right issued by the Patent and Trademark Office granting the inventor the negative right to exclude others from making, using, offering for sale, selling, or importing the invention into the United States.

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Term of a Utility Patent

A statutory duration lasting 20 years20\text{ years} from the date on which the nonprovisional application was filed in the United States.

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Conditions of Patentability

The three statutory prerequisites for patent grant under U.S. law: utility (operativeness and useful purpose), novelty (newness), and non-obviousness to a person having ordinary skill in the art.

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Composition of Matter

A statutory category of patentable subject matter covering chemical compositions, mixtures of ingredients, and newly synthesized chemical compounds.

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Reduction to Practice

The actual physical embodiment or detailed technical specification demonstrating that an invention operates, required because abstract ideas and mere suggestions are not patentable.

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Provisional Patent Application

A lower-cost initial filing with the USPTO that establishes an early effective filing date and grants 'Patent Pending' status, giving the applicant up to 12 months12\text{ months} to file a nonprovisional application.

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Patent Cooperation Treaty (PCT)

An international patent agreement preserving priority rights across 158 contracting states158\text{ contracting states}, requiring adherence to deadlines including national-phase entry at approximately 30 months30\text{ months}.

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Design Patent

A patent covering any new and non-obvious ornamental design for an article of manufacture, protecting appearance rather than functional or structural features for a term of 14 years14\text{ years} from grant.

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Patent Infringement

The unauthorized making, using, offering for sale, selling, or importing of any patented invention within the United States, giving the patentee the right to seek injunctive relief and monetary damages.

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Cameo v. OpenAI (2025)

A trademark lawsuit concerning the use of the 'Cameo' name for AI-generated video features, centering on brand confusion and control over commercial identities.

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Reddit v. Perplexity (2025)

An intellectual property dispute alleging indirect web scraping through search results, establishing that public online visibility does not equate to unrestricted reuse for AI training or retrieval.

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Copyright

A federal statutory protection under Title 17 U.S. Code for original works of human authorship fixed in a tangible medium of expression, arising automatically upon creation for a term of life plus 70 years70\text{ years}.

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Exclusive Rights of Copyright

The bundle of five exclusive rights granted to a copyright owner: reproduction, preparation of derivative works, public distribution, public performance, and public display (plus digital audio transmission for sound recordings).

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Fixation in a Tangible Medium

The statutory requirement that creative expression must be preserved in a sufficiently permanent, tangible format (e.g., written, recorded, or digitally stored) to qualify for copyright protection.

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Human Authorship Requirement

The U.S. copyright doctrine establishing that copyrightable expression requires human creativity, meaning wholly AI-generated text, art, or code cannot be registered or owned as copyright.

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Thaler v. Perlmutter (2023)

A landmark U.S. District Court ruling upholding the Copyright Office's refusal to register a visual artwork generated autonomously by an AI system without human authorship.

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The Snoopy Problem

A copyright infringement risk where an AI model reproduces recognizable copyrighted characters or expressive elements without the user explicitly providing or requesting them in the prompt.

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Fair Use

A statutory defense to copyright infringement determined by weighing four factors: purpose and character of use, nature of the work, amount and substantiality used, and market effect.

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The New York Times v. OpenAI & Microsoft

A major copyright lawsuit alleging unauthorized use of journalistic content to train generative models and the generation of substitutive outputs that undermine the publisher's market.

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Universal Music Group × Udio (2025)

A landmark intellectual property dispute resolution where copyright claims against an AI music platform were settled through a commercial licensing and collaboration agreement.

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Trademark

A distinctive word, name, symbol, or device used in trade to identify and distinguish the source of goods of one party from those manufactured or sold by others.

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Service Mark

A distinctive word, symbol, or mark that identifies and distinguishes the source of a commercial service rather than a tangible product.

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Registered Trademark Symbol (®)

The official statutory registration symbol that can only be legally displayed after a mark has completed federal registration with the Patent and Trademark Office.

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Geographical Indication

An intellectual property sign used on goods that have a specific geographical origin and possess qualities, a reputation, or characteristics attributable to that origin (e.g., Champagne, Darjeeling, Basmati).