Calfee Connections

The second post in our series on "Rethinking IP in the Age of AI" explores how AI is impacting the use of trade secret protections to safeguard IP where patent protection is not available or AI-inventorship complicates patent rights.

Given that personal data holds such enormous commercial value in our economy, questions inevitably arise as to how all that data can be protected in the current and rapidly evolving threat environment. Businesses and corporations may be looking for the best ways to protect their own and their customers’ information and reduce their vulnerability to a data breach.

In Part One of this four-part series on how AI is reshaping intellectual property law, we explore how Patent Law is adapting to this new frontier and what it means for inventors looking to use AI to develop their inventions.

What is the nature of innovation? Picture a tapestry interwoven with threads of simplicity and complexity. Some threads meticulously crafted through years of tireless research, while others emerge as astonishing strokes of serendipity. Innovation pirouettes along this vibrant spectrum with incremental steps, delicately building on the foundation of the known, and bold disruptions of the status quo, ripping through the fabric of convention. Can AI weave its own innovative tapestry of intention and happenstance? Of gradual evolution and revolutionary leaps?

Imagine a scenario where an American manufacturing company is approached by a potential international customer/seller of machinery claiming they know the best way to avoid either party paying heavy tariffs. Right away there are several red flags indicating this could be a potential high-risk transaction. Luckily, in this recent, real-life situation, the company knew to put a call in to their legal counsel to investigate further.

In the realm of innovation, there exists a conundrum known as the Innovator's Dilemma, a perplexing choice every innovator must face. Should the innovator cater to existing customer demands, pursuing incremental improvements the market readily comprehends? Or should they leap into the uncharted territory of disruptive innovation, where the customer and market have yet to fathom the need?

Disruptive innovation starts with a problem. However, the solution is the key. It must obsolete the current way of doing things. In the case of Kodak, photographic film obsoleted the need for photographic plates. With each disruptive innovation, there is no turning back to the way things were done.

Launching a startup company requires a mind-crushing amount of thought and effort. One area that entrepreneurs often unintentionally neglect is the legal protection of their business’ intellectual property.