Benefits Of And Best Practices For Protecting Artificial Intelligence And Machine Learning Inventions As Trade Secrets

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform can be patented. Under what circumstances, however, is it best to keep at least a portion of the platform a trade secret? And what are some best practices for protecting trade secrets? In this post, we explore important considerations and essential business practices to keep in mind when working to protect the value of trade secrets specific to AI/ML platforms, as well as the pros and cons of trade secret versus patent protection.

Protecting AI/ML Platforms via Trade Secrets

What qualifies as a “trade secret” can be extraordinarily broad, depending on the relevant jurisdiction, as, generally speaking, a trade secret is information that is kept confidential and derives value from being kept confidential. This can potentially include anything from customer lists to algorithms. In order to remain a trade secret, however, the owner of the information must follow