Developing an IP Strategy for Protecting AI Assets and Outputs in an Evolving World

Rapid advances in artificial intelligence (AI) technology, fluid market dynamics as new AI models become available, and a change in governmental viewpoints on AI have created an evolving AI landscape. This evolution is forcing a rethinking of existing intellectual property protection regimes, i.e., trade secrets, copyrights, and patents. Developers and deployers of AI technology will have to consider which of these offer the best protection for the AI models and their outputs and whether other protections in the form of contractual limitations are required to supplement the desired intellectual property protection. Developers and deployers will have to also consider the liabilities that may arise from running afoul of third-party intellectual property. This article discusses developments pertinent to AI in trade secrets, copyrights, and patents, and provides insight into how to integrate these developments into AI strategies.