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ARTICLE · 10 JANUARY 2018

Protecting Artificial Intelligence IP: Patents, Trade Secrets, Or Copyrights?

Jones Day
Jones Day
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Jones Day

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The term "artificial intelligence" was coined more than 60 years ago and since has been the subject of countless science fiction books and movies.

United StatesIntellectual Property
Andrea Weiss Jeffries
Andrea Weiss Jeffries
Emily J. Tait
Emily J. Tait
Jason M. Garr
Jason M. Garr
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The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology companies" are becoming increasingly "high tech" in how they deliver goods and services. Innovation is outpacing the law—many aspects of AI legal protection are still open questions.

The Result: With innovation comes imitation ... and infringement and misappropriation. Companies must be vigilant in protecting and enforcing their intellectual property ("IP") rights in AI.

Looking Ahead: The time is now to devise a legal strategy to protect IP in AI. Such strategy should consider not only patent protection but also copyrights and trade secrets.

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