Law360: Trade Secrets Emerge As Path For Cos. To Protect AI Works

The classification of artificial intelligence tools as trade secrets is becoming an alternative to copyrights and patents. “Trade secret law is a natural fit for AI systems and the various parts of those systems because of the expansive and flexible scope of what information can qualify as a trade secret,” said David Almeling, partner and chair of O’Melveny’s trade secret group. “As long as the definitional elements of a trade secret are met, any part of an AI system — from its architecture to its algorithms to its inputs and outputs, and many more — can be a trade secret.”

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