We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform can be patented. Under what circumstances, however, is it best to keep at least a portion of the platform a trade secret? And what are some best practices for protecting trade secrets? In this post, we explore important considerations and essential business practices to keep in mind when working to protect the value of trade secrets specific to AI/ML platforms, as well as the pros and cons of trade secret versus patent protection.
What qualifies as a “trade secret” can be extraordinarily broad, depending on the relevant jurisdiction, as, generally speaking, a trade secret is information that is kept confidential and derives value from being kept confidential. This can potentially include anything from customer lists to algorithms. In order to remain a trade secret, however, the owner of the information must follow specific business practices to ensure the information remains secret. If businesses do not follow the proscribed practices, then the ability to protect the trade secret is waived and its associated value is irretrievably lost. The business practices required are not onerous or complex, and we will discuss these below, but many businesses are unaware of what is required for their specific type of IP and only discover their error when attempting to monetize their inventions or sell their business....
As Nigeria prepares for the 2027 general elections, political campaigns and online discussions are expected to intensify across social media and messaging platforms. Alongside legitimate political...