Haynes Boone Partner Dina Blikshteyn was quoted in a Bloomberg Law article after OpenAI Inc.'s pledge to wield its patents only defensively is being seen as an indication that the artificial intelligence company is gearing up for lawsuits that could be brought not just by competitors, but by patent-assertion entities.
Stockpiling patent rights, also known as defensive patenting, is a well-established strategy, said Blikshteyn.
The pledge is also a public relations move to show OpenAI is supporting other developers in light of all the copyright infringement lawsuits authors, newspapers, and programmers have brought against it, she said.
“At OpenAI, we are committed to the principles of broad access, collaboration, and safety for beneficial AI, ”the pledge reads. “As we continue to pursue our mission, we recognize the role that patents play in the technology landscape, and commit to using our patents in a way that supports innovation and our dedication to our mission.”
“It is a fairly common pledge for a company to do when they want to have that good image that ‘We want to protect our IP via patents,’” Blikshteyn said, “but at the same time—especially in an emerging technology, which generative AI is right now—is that ‘We will only assert our patents defensively.’”
“That’s allowing other companies to practice the technology, right? As long as they’re not suing OpenAI forpatent infringement,” she said.
To read the full article from Bloomberg Law, click here.
