Partners Martin Zoltick ("Marty") and Jennifer Maisel ("Jen") will present a webinar in conjunction with Lexology titled "IP protection strategies for AI: keep them secret or go for the patent?" on Tuesday, March 2, 2021, from 11 am - 12 pm ET.
Perhaps the most consequential decision in seeking IP protection over AI-powered services and products is whether to pursue patent or trade secret protection. What is the best approach to protect your cutting-edge innovation? This webinar first provides background on the different forms of IP protection available for AI and addresses federal policy in the United States on maintaining US leadership in AI. Marty and Jen will describe how the United States Patent and Trademark Office and the federal courts are uniquely primed to recognise and strengthen patent and trade secret protection for AI in the United States, but that uncertainty remains with respect to protecting the data that powers many AI services. They will then address a number of factors specific to AI-powered services and products to help guide the decision as to whether to pursue patent or trade secret protection, including:
- patentability;
- patent eligibility;
- secrecy;
- inventorship;
- technology transfer;
- the competitive landscape;
- cost; and
- legal remedies.
They will conclude with a checklist and takeaways for consideration, including how a diverse IP strategy focused on both patent and trade secret protection may be the winning solution for AI-powered services and products.
