← All insights

patents · trade-secrets · ai · protection

Use Both Patents and Trade Secrets to Protect AI Innovations

Learn how combining patent protection with trade secret strategies can create a robust defense for your AI innovations.

In the rapidly evolving field of artificial intelligence, protecting your innovations requires a multi-faceted approach. While patents offer strong legal protection for novel and non-obvious inventions, trade secrets can safeguard proprietary algorithms, training methods, and data sets that give your AI its competitive edge.

The Patent Advantage for AI

Patents provide exclusive rights to your AI innovations for up to 20 years. For AI systems, this can include:

  • Novel neural network architectures
  • Unique training methodologies
  • Innovative applications of machine learning
  • Specialized hardware implementations

When Trade Secrets Make Sense

Trade secret protection is ideal for aspects of your AI that:

  • Are difficult to reverse engineer
  • Provide long-term competitive advantage
  • Would lose value if disclosed publicly
  • Involve proprietary data or training sets

Creating a Hybrid Protection Strategy

The most effective IP strategy for AI often combines both approaches. For example, you might patent the overall architecture of your AI system while keeping specific implementation details as trade secrets. Our attorneys can help you identify which components of your AI innovation are best suited for each type of protection and develop comprehensive safeguards that address your specific business needs.

Published on June 15, 2023

Let’s talk

Protect what you’re building.

Contact The Breuer Law Firm to discuss your software, AI, and intellectual property needs.

toddbreuer@teblaw.com ↗+1 (212) 518-1604

Please keep your initial message general and do not include confidential information.

Sending an email does not create any attorney-client relationship. Please do not send us any confidential information. Before forming any attorney-client engagement, The Breuer Law Firm will check for possible conflicts of interest and must consider whether to accept the potential engagement.