This chapter examines the theoretical foundations of intellectual property law in the United States, setting the stage for understanding the challenges posed by artificial intelligence. The chapter focuses on utilitarianism as the dominant theoretical framework for US IP law, contrasting it with non-consequentialist theories. It provides a brief overview of the four major IP regimes:

Patent patent and copyright, which are explicitly grounded in the Constitution’s mandate to "promote the Progress of Science and useful Arts"; Trademark, which aims to reduce consumer search costs and ensure fair competition by protecting source identifiers; and Trade secret, which has a more convoluted history but has increasingly focused on promoting innovation and protecting confidential business information. The chapter emphasizes that US IP law prioritizes practical, societal outcomes over moral or philosophical considerations. It sets the stage for subsequent chapters that explore how AI’s emergence challenges these traditional theoretical underpinnings and the practical functioning of each IP regime.