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ARTICLE · 28 NOVEMBER 2023

Sam Altman Musical Chairs: An IP Perspective

Marks & Clerk
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In the last week, the tech community has been riveted by the furore around Sam Altman. For those that have managed to miss it, Altman was sacked as CEO of OpenAI, subsequently hired by Microsoft...

United KingdomIntellectual Property
James Kendrick
James Kendrick
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In the last week, the tech community has been riveted by the furore around Sam Altman. For those that have managed to miss it, Altman was sacked as CEO of OpenAI, subsequently hired by Microsoft and is now reinstated as CEO of OpenAI!

Microsoft reportedly also offered jobs to other employees of OpenAI. As reported on Radio 4's Today program and in the BBC article linked above, these moves were described by some as a 'Microsoft takeover without staging a takeover.' While this seems now to have all been resolved, the comparisons to a "takeover" did get me thinking about the IP position of the so-called takeover.

Notwithstanding any other agreements that may be in place, even if all of OpenAI's staff were to quit and be hired by Microsoft, Microsoft would not gain ownership of OpenAI's assets, including their IP. While OpenAI do not appear to own any patents, OpenAI very likely does have rights to file patent applications for any (undisclosed) inventions. These and

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