Patents, Trade Secrets & AI: How to Legally Safeguard Innovation | Vincent Allen

In this episode, Vit Lyoshin speaks with Vincent Allen, an expert in intellectual property and technology law, about the importance of protecting innovations in the fast-paced world of AI. They discuss common mistakes startups make in safeguarding their intellectual property, the timing for patent applications, and the implications of using open source technologies.

Vincent Allen is a managing partner at Carstens, Allen & Gourley, LLP, specializing in intellectual property and technology law. With a background in electrical engineering and decades of experience in patent, trademark, and trade secret protection, Vincent helps startups and tech companies safeguard their innovations. He’s also at the forefront of legal discussions around artificial intelligence, advising clients on the risks, compliance, and ownership challenges of AI in today’s rapidly evolving landscape.

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Takeaways

* Startups often wait too long to protect their intellectual property.

* Proper agreements with founders and developers are crucial.

* Trade secrets can be a viable option for protection if kept confidential.

* Public disclosure starts a one-year clock for patent applications.

* Patents last for 20 years from the filing date.

* Open source software can complicate claims of proprietary rights.

* Acting quickly is essential when trade secrets are compromised.

* Ownership of AI models is tied to their creators.

* Fair use in AI training is a complex legal issue.

* AI-generated work raises questions about authorship and copyright.

* The user of AI tools must ensure the output is appropriate.

* Critical thinking is essential when using AI-generated information.

* International regulations on AI vary significantly between regions.

* Companies should implement policies to protect confidential information when using AI.

* Disclaimers can help mitigate liability for AI-generated outputs.

* Trade secrets are harder to enforce internationally than patents.

* Engineers should understand the legal landscape surrounding AI.

* Collaboration between engineers and legal experts is crucial for responsible AI development.

Timestamps

00:00 Introduction

03:18 Common Mistakes Startups Make in IP Protection

05:15 Alternative Methods of Protecting Software

08:02 Timing for Patent Applications

10:59 Duration of Patent Protection

11:41 Impact of Open Source on Patents

13:38 Enforcement of Trade Secrets

15:42 Choosing Between Patent and Trade Secret

17:58 Ownership of AI Models Trained on Public Data

20:10 Legal Implications of Using Purchased Music for AI Training

22:06 Copyright Issues with AI-Generated Outputs

24:23 AI and Copyright: Who Owns the Work?

28:44 Liability in AI: Who's Responsible?

31:58 Critical Thinking in the Age of AI

34:57 Legal Protection from Hallucinations and Biases in AI Models

39:22 International AI Regulations: A Global Perspective

45:41 Global Regulations of AI

46:33 DeepSeek vs ChatGPT

48:07 Protecting Intellectual Property in a Global Market

Connect with Vincent

* Website: https://www.caglaw.com/

* LinkedIn: https://www.linkedin.com/in/vincentallen/

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