Protection of AI models: Software, Patents, Industrial Designs, Databases, And Trade Secrets

Abstract

This article analyzes the possibilities for protecting AI models and their elements in light of the different intellectual property institutions currently available: copyright, patents, industrial designs, databases, and trade secrets. We are faced with the challenge of protecting a novel technology using legal institutions previous to its existence, which makes an optimal solution impossible. Nevertheless, far from considering protection impossible, we believe that even with the available framework, it is possible to protect important aspects of AI models and their elements. To this end, a detailed analysis has been carried out based on examples. To achieve the best possible result in each case, it should be analyzed individually, evaluating the degree of novelty of the development —a revolutionary novelty that brings about a paradigm shift is not comparable to a small incremental change — the speed of evolution of the technology sector to which it applies, and the possibility of keeping the relevant information secret.