1) That the United States can re-engage the world on IP issues. The United States generally has had a broad interest in the stability of the global innovation ecosystem and its partners’ well-being. It fostered an orderly IP environment where countries could prosper together. It will take some time for the United States to come back to such a position and convince others that it is taking such a position. The United States will also need to work with China to mitigate the inevitable contradictions between them, particularly when it comes to sensitive technologies. Failure would mean already complex cross-border IP disputes will become considerably more intertwined with messy geopolitics.

2) That courts and agencies embrace AI in adjudication Human decision making can be inherently capricious. The indeterminacy of patent-eligible subject matter, ideological swings in applying antitrust to novel licensing practices, the vagueness of fair use in copyright law, and the test for likelihood of confusion in trademark law are but a few examples of how the law can do better in operationalizing rules and standards. IP offices already use AI in classification and searches. The next stage should see AI curate precedent, propose options, and where appropriate, model price and innovation outcomes to guide adjudication by agencies like the PTAB and FTC, as well as courts.

For my reflections on 2020, see http://bit.ly/2L2KNQl. For my predictions on 2021 see http://bit.ly/2L6NDDZ.