With over $12 billion in international venture capital invested in artificial intelligence (AI) during the first half of 2023, and the continuing rapid proliferation of various AI tools, the need for uniform AI values and principles continues to grow. On Oct. 30, President Joe Biden announced an expansive executive order that puts forth the administration's fundamental principles for AI governance and seeks to better prepare the federal government to mitigate potential negative consequences of AI's spread. The order addresses these risks across various dimensions, including safety and security, privacy, equity and civil rights. While the order takes no concrete action on pressing intellectual property (IP) issues raised by the proliferation of AI, it directs the U.S. Patent and Trademark Office (USPTO) and the Copyright Office to provide prompt recommendations for new agency guidance and future executive action to address IP concerns such as about the ownership, patentability, and copyrightability of AI outputs and the scope of protection to creators and inventors whose works are used in AI training.

The fundamental principles set forth in the order also reflect the administration's priorities for the future of AI in all domains. The order articulates eight "guiding principles" that it directs every federal agency to consider when undertaking AI-related actions. Among the most important from an IP perspective are: safety and security (including transparency), "promoting responsible innovation, competition and collaboration," protecting users of AI technology (including enforcing consumer protection laws against bad actors and guarding against misinformation or disinformation), and protecting consumer privacy and citizens' civil liberties.