AI + Trade Secrets

Our clients rely on Finnegan attorneys to develop and execute strategy related to protection and enforcement of AI intellectual property rights under a trade secret regime. The applicability of trade secrets to AI intellectual property has gained momentum because of its flexibility to adapt to a rapidly evolving technology, the potentially low cost barrier to obtaining protection, and the flexibility of remedies available.  This stands in contrast to the potentially high bar for disclosures required for patent protection, and the cost and time required to build a patent portfolio. Because Finnegan is able to combine expertise in both patent and trade secrets law, with an extensive breadth of technical expertise, we are well positioned to assist clients with triage decisions mapping the proper protection and enforcement strategy to allow their AI IP assets to best support their business objectives.

We stand prepared to assist clients navigating AI + Trade Secrets issues such as:

• Handling trade secret disputes in courts, at the ITC, and in arbitration, including cases involving AI-related misappropriation.
• Advising on how to identify and protect trade secrets, including AI models, training data, and proprietary algorithms.
• Reviewing and enhancing security practices to address emerging AI risks.
• Helping implement safeguards to prevent misappropriation or disclosure.
• Drafting NDAs and confidentiality agreements that reflect AI-related considerations.
• Offering employee training to promote awareness of AI-related vulnerabilities and the importance of confidentiality.