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Safeguarding the ownership of Algorithms and Software

Protecting and fostering innovation, exploring patent and copyright protection for AI algorithms and software development.


Artificial intelligence (AI) has grown rapidly in recent decades, driving advances in areas such as machine learning, computer vision and natural language processing. In this context, intellectual property (IP) plays a critical role in protecting and fostering innovation in AI. In this article, we will explore how IP concepts apply to the field of AI, including patent and copyright protection in the development of AI algorithms and software.

Patents in AI

Patents are an essential mechanism for protecting AI inventions, as they grant the holder the exclusive right to exploit the invention for a period of time. To be patentable, an AI invention must be novel, non-obvious and susceptible of industrial application. In many countries, AI inventions must also meet additional requirements, such as having a "technical character".

Despite these requirements, AI-related patent applications have increased significantly in recent years. AI patents can cover aspects such as neural network architectures, machine learning algorithms and data processing techniques.

Copyright in AI

Copyright protects original expression in the form of source code and object code in AI software. Unlike patents, copyright does not protect the underlying ideas or algorithms themselves, but the way they are expressed in the code. To qualify for copyright protection, the software must be original and fixed in a tangible medium.

One of the challenges in the area of copyright and AI is the creation of works by AI systems. While some countries recognise authorship of works created by AI, others require human intervention to grant copyright protection.


Intellectual property plays a key role in protecting and fostering innovation in AI. As AI technology continues to evolve, it is critical that IP laws and regulations adapt to adequately address the challenges and opportunities presented by AI. This includes ensuring that patents and copyrights provide adequate protection for AI inventions and expressions, while fostering innovation and sustainable development in the field.

Photo by ThisIsEngineering

Author Gabriel Espinoza

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