Protecting Our Edge: Trade Secrets and the AI Arms Race
Many of the most valuable assets generated during AI development are “prime candidates for trade secret protection”,
Christopher Mohr, President of SIIA, at the US House Judiciary Committee hearing 7th May 2025.
Such as ”Algorithms, Training data, Training methodologies, and Negative know-how’’.
Additionally, trade secret law can protect broader categories of information, including valuable datasets and compilations, that might not meet the criteria for patentability.
Governments, realising the value of trade secrets in protecting valuable IP like AI, are trying to raise awareness about this valuable IP right.
Trade deals between nations include strengthening of laws protecting trade secrets, also making them extra territorial and impactful at the ITC (International Trade Commission) where international injunctions are possible.
More power to your information, but only when you take the steps will you really protect your edge.
If you are working in AI even more so…
What would you recommend your client should do?

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