With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations.

Looking to trade secret law to protect AI is facially appealing. U.S. courts have rejected the notion that AI may be the sole inventor or creator of a patented invention or copyrighted work, and aspects of generative AI may have difficulties overcoming the patent eligibility, written description, enablement and novelty hurdles to patentability.

Originally published by Law360 - March 26, 2024.