Home Business Insights & Advice Protecting intellectual property in AI development: Legal strategies and best practices

Protecting intellectual property in AI development: Legal strategies and best practices

by Sarah Dunsby
17th Apr 24 10:12 am

Artificial intelligence (AI) technology usage has significantly increased in our academic, business, and personal lives. It can mimic human intelligence, including decision-making, problem-solving, and information analysis. As a result, companies have been using this technology more frequently.

Innovation and creativity are both protected by and promoted by intellectual property (IP). Thus, companies, investors, and business owners must understand the significant issues with intellectual property that arise as artificial intelligence advances. In this article, we will discuss the legal strategies and best practices for protecting IP in artificial intelligence development.

How AI works with intellectual property

Intellectual property includes a wide range of legal protections for creative works. A change will likely occur to the level of protection provided to developers worldwide in the next few years as the World Intellectual Property Organization works to establish restrictions on AI development.

Patents, copyrights, or trade secrets can all be used to protect artificial intelligence.

Copyright: Copyrights are easier to use and offer protection for many different AI applications. There is a Copyrights Act that guarantees security for works produced by computers.

Trade Secrets: The unique protection offered by trade secrets is far more extensive than that of a basic patent. Trade secrets are provided for more valuable projects that require more resources to protect.

Patent: Patentable algorithms are in a complicated legal area. In short, patents provide people with protection. An algorithm creator may be able to protect their work by obtaining a patent.

Legal strategies to consider for protecting IP in AI applications

Below are some legal strategies and best practices you must consider for protecting IP in AI development.

  • Update licence agreement regularly

Make sure your licensing agreements keep up with the advancements in the AI industry. Review and update them to reflect recent advancements and applications.

  • Employ trade secrets

You can use confidentiality and nondisclosure agreements (NDAs) to protect AI’s proprietary algorithms and other trade secrets.

  • Patent your AI technology

File patents as soon as possible to protect your AI devices, processes, and applications. A patent may be available for any innovative technology development that improves the value proposition of your product.

  • Watermark your AI output

AI-generated content can be used with watermarking or hash functions, among other mechanisms, to track down or prevent unauthorized use.

The legal frameworks need to keep up with the reality of AI innovation, even though these measures can provide a layer of protection. Governments, courts, and businesses need in-depth discussions about IP and AI law. It will provide the necessary legal protections for innovators everywhere, so they can keep innovation at the forefront.

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