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ARTICLE · 30 JANUARY 2026

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

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

CanadaIntellectual Property
Ahmed Elmallah
Ahmed Elmallah
Edward (Ted) Yoo
Edward (Ted) Yoo
Lorelei Graham
Lorelei Graham
Stephen D. Burns
Stephen D. Burns
J. Sébastien Gittens
J. Sébastien Gittens
Benjamin Reingold
Benjamin Reingold
Kees De Ridder
Kees De Ridder
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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.

Defensive blocking considers whether a patent can prevent others from patenting or controlling adjacent technical or commercial space.

Defensive blocking matters for two main reasons: (i) to stop competitors from obtaining AI patents that could later restrict your ability to operate, and (ii) to provide leverage for counter-assertion if a competitor brings a patent claim against you.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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