AI: Is Patenting Really The Right Move? - Factor V

This article forms one part of a broader decision framework for evaluating whether patent or trade secret protection is appropriate for AI innovation.

The framework is designed to help decision-makers (e.g., innovators, in house, CTOs) align patent and IP strategy with underlying business realities and moving beyond purely "legal" considerations.

Commercial longevity considers whether the AI innovation is likely to remain commercially relevant long enough to justify patent protection.

Innovations with short life cycles may not justify the time and cost of patenting, whereas durable capabilities that persist across product generations and address stable problem domains are stronger candidates. It is important to note that a patent can take several years to grant, and enforceable rights arise only after issuance.