How to Safeguard AI Technology: Patents versus Trade Secrets

A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This is a frequent hurdle for inventors seeking to patent products utilizing artificial intelligence (AI). While still in its infancy, at least compared to the lofty expectations of technology enthusiasts, AI has proven integral to driving innovation, but it has also proven equally vexing to fit into the intellectual property legal regime.

Trade secrecy features a far more pliable subject-matter definition, especially compared to the strict set of statutory categories found in patent law. The DTSA merely requires that the secret have “actual or potential” value derived from the secrecy.

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