Harnessing Generative AI-Assisted Innovation: Comprehensive IP Protection Through Trade Secrets and Patents
"In some instances, a dual strategy that leverages both patents and trade secrets for protecting a Gen AI innovation can be highly effective," write Barry J. Schindler, Lennie A. Bersh and Laurin Buettner.
September 30, 2024 at 12:00 PM
8 minute read
Trade SecretsYou are counsel for a company which just developed an innovative process incorporating a generative artificial intelligence (Gen AI) component. For example, Tech Company may have designed AI-powered personalized health assistant designed to provide real-time health monitoring and personalized health recommendations. The technology leverages Gen AI-driven interfaces to allow users in conversational form to use data from various sources, including wearable devices, electronic health records, and others. Tech Company has made significant investments in this Gen AI-driven technology and is seeking your counsel regarding how to best protect its interests. Specifically, Tech Company would like to know if the intellectual property (IP) of their AI technology would be better protected by a patent, trade secret, or perhaps a combination of both. What do you recommend? As discussed in the following article, utilizing a dual strategy of protection under patent and trade secret for Gen AI inventions could help companies strategically and holistically protect their Gen AI innovations while maximizing their competitive edge.
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