Intellectual Property

Intellectual property (IP) protections encourage the research and development (R&D) that drives innovation. Software accounts for 19.6 percent of all domestic business R&D in the United States. Proper IP protection frameworks are critical to maintaining this investment. BSA supports:

patent protection for all inventions on a technology-neutral basis,
copyright laws that protect the rights of authors, intermediaries, and users of works in the digital age,
protections for trade secrets, and
meaningful patent litigation reform that reduces opportunistic litigation and allows those who invent and innovate to thrive.

FEATURED POLICY RESEARCH / POSITION PAPERS

AI IP

Global: Artificial Intelligence and Copyright Policy

MAY 30, 2025 | GLOBAL

US copyright law is sufficiently flexible to adapt to AI, but we encourage further work on additional protections for artists to prevent the spread of unauthorized, AI-generated replicas of their name, image, likeness, or voice.

IP

US: BSA Letter on PREVAIL Act

MAY 20, 2025 | US

On behalf of BSA, I write to express concerns regarding the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act.

AI IP

US: BSA Comments on Artificial Intelligence & Patentability

JUL 26, 2024 | US

BSA appreciates the opportunity to respond to the April 30, 2024 solicitation of public comments by the USPTO in relation to the Impact of the Proliferation of AI on Prior Art, the Knowledge of a PHOSITA, and Determinations of Patentability Made in View of the Foregoing.

AI IP

US: Artificial Intelligence and Digital Replicas

JUN 12, 2024 | US

BSA urges Congress to take steps to protect artists from the spread of such unauthorized AI-generated digital replicas—drawing on the following principles.

IP

US: BSA US Patent Policy Agenda

JUN 06, 2024 | US

BSA strongly supports the US Patent & Trademark Office’s (USPTO) promoting innovation and patent quality while taking steps to combat abuse of the system.

AI IP Trade

US: BSA 2024 Special 301 Submission to USTR

JAN 30, 2024 | US

BSA | The Software Alliance provides the following information in response to the notice published by the Office of the US Trade Representative seeking comments on the 2023-2024 Special 301 review under Section 182 of the Trade Act of 1974.

AI IP

US: Comments to US Copyright Office regarding Artificial Intelligence and Copyright

OCT 30, 2023 | US

BSA | The Software Alliance (“BSA”) welcomes this opportunity to provide comments to the United States Copyright Office (“US Copyright Office” or “USCO”) in response to the Notice of Inquiry and Request for Comments (“RFC”) on Artificial Intelligence (“AI”) and Copyright.

IP Cross-Border Data

US: BSA Comments on USPTO Strategic Plan

FEB 17, 2023 | US

BSA | The Software Alliance submits the following response to the request of the United States Patent and Trademark Office for comments on the USPTO’s draft Strategic Plan for 2022-2026.

THE LATEST POLICY NEWS

BSA Illustrates How Companies Can Use Copyrighted Material Through Fair Use Exceptions

MAR 20, 2025 | US

Politico Pro Morning Tech, March 20, 2025. The Business Software Alliance Senior Vice President of US Government Relations Craig Albright discusses how AI companies can use copyrighted material through fair use exceptions. Read more

AI IP

BSA Comments on Protecting the Rights to Voice

JAN 24, 2025 | ASIA PACIFIC | JAPAN

Nikkei Asia, January 24, 2025. The Business Software Alliance supports requiring permissions for releasing another person’s voice into the market. Read more

AI IP