Intellectual property drives the modern economy, yet widespread confusion surrounds how patents, copyrights, trademarks, and trade secrets function. Many view IP solely through the lens of costly lawsuits or corporate monopolies rather than as an essential framework that protects innovation, encourages investment and levels the playing field.
This awareness gap leaves creators vulnerable to infringement, discourages risk-taking, and weakens healthy market competition.
The Center for Intellectual Property Understanding (CIPU) addresses this challenge by making IP concepts accessible to a wide range of audiences, including creators, entrepreneurs, and the public. Co-founded by veteran IP strategist Bruce Berman, the independent non-profit produces educational resources, research, and programs like the Understanding IP Matters podcast and the annual IP Awareness Summit®. In this interview, Berman discusses the IP literacy gap, the impact of artificial intelligence on creators’ rights.
Q: You co-founded the Center for Intellectual Property Understanding in 2016 to bridge the gap between complex legal concepts and public perception. What are the most common misconceptions everyday creators and businesses hold regarding intellectual property?
Bruce Berman: People think that having an issued patent means more than it often does. 98% of the time in the current system a patent has no value. A patent means that the holder owns 100% of an invention. Inventions need to be practiced (used) in order to have value, and few are. Patents often look better on paper than in the real world. A patent provides an owner the right to sue to stop an infringer. That is incredibly costly, time-consuming (years) and unpredictable.
Q: Through CIPU initiatives like the Understanding IP Matters podcast and the IP Awareness Summit, you engage a range of audiences, including executives, entrepreneurs, educators and investors. Why is foundational IP education so critical early in an inventor’s or founder’s journey?
Bruce Berman: It’s really important to everybody’s journey. Knowing what IP rights like patents and trade secrets are and are not; what they can't help a company achieve is vital in today’s world. It’s essential to establish their meaning to a particular industry and product line. Patent ownership is more useful when put into perspective. Patents can sometimes help to facilitate financing, but they are costly and uncertain, and depending on the nature of a business, it may be more efficient to invest in other types of IP rights or wait to secure the right licenses from those who already own them – if they are willing to engage with you.
Q: The rapid rise of artificial intelligence has disrupted traditional notions of authorship, copyright, and patent eligibility. How is CIPU helping creators and businesses navigate the intersection of AI and IP rights?
Bruce Berman: AI models would like content creators and distributors to believe that what they use is permissible under “fair use” statutes. It is not clear they are. There are currently more than 130 AI law suits, filed mostly by big content holders or publishers (e.g. The New York Times) who are using big AI platforms (e.g. ChatGPT). Some settlements have been made and a few licenses are being paid. It will take years to work these out.
Q: In addition to technical and legal complexities, IP disputes often face negative media framing. How does CIPU work to shift the public narrative around patents and intellectual property from litigation to innovation and value creation?
Bruce Berman: It is often assumed that a plaintiff suing a big tech is the “bad guy,” after the risk-adverse nature of the deepest pockets. Businesses established to license infringed IP are called patent “trolls”. The narrative refuses to die, despite being proven misleading. While some questionable lawsuits are filed, the vast majority of plaintiffs are enforcing their rights or the rights of others on the merits of the case. Patent suits are way too expensive and unpredictable to be done without a great deal of research and due diligence.
Q: As an author of foundational books on IP strategy and a longtime observer of the field, what essential advice do you give startups and small businesses trying to protect their intellectual assets on limited budgets?
Bruce Berman: I am an analyst and investor, not a lawyer, but I can say that figuring out what IP entrepreneurs think they will need in their industry and given the nature of their particular business will help to point them in the right direction. Securing too many patents too early can be wasteful, especially today given the difficulty of ever licensing or selling them. Too few, or the wrong patents, can be a problem, too. The right fundamental patent, if it is widely infringed and can be enforced, can be valuable. But that is more of a lottery ticket than a strategy. A name and proprietary data are worth protecting and nurturing. Trademarks and trade secrets can be more meaningful than they appear.
Q: Looking ahead, what key initiatives and partnerships is the Center for Intellectual Property Understanding prioritizing to expand global IP literacy over the coming years?
Bruce Berman: CIPU recently restructured its website, UnderstandingIP.org and we are working on a new approach for IPBasics.org. The latest version should be ready in September. We are at work on a research report about how IP rights are being taught at leading business schools (frequently, not at all). We are already at work on the 2027 IP Awareness Summit which will involve the perspective of investors, businesses, entrepreneurs, as well as creators, educators, and lawyers. We are looking at the late March-early April time period.
IP-informed audiences are essential for sustaining a fair and vibrant innovation economy. As Bruce Berman notes, intellectual property rights are practical business tools rather than mere litigation instruments. By providing accessible educational frameworks, CIPU bridges the gap between complex legal policy and real-world commercial success.
As AI and other emerging technologies continue to reshape how ideas are created and shared, baseline IP education becomes even more critical. Fostering public awareness protects independent innovators, encourages healthy market competition and benefits society. Through targeted outreach and open dialogue, the Center for Intellectual Property Understanding equips the founders, creators, educators and investors to navigate the intangible asset landscape.
To learn more visit https://www.understandingip.org/