Partner Jason Bradford Discusses AI and Trade Secret Protection with Law360
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May 7, 2025
Partner Jason Bradford was quoted in a recent Law360 article discussing the evolving landscape of artificial intelligence and trade secret protection.
The article examines how companies are increasingly turning to trade secrets as an alternative to copyrights and patents when protecting AI-related innovations, given that trade secret protection doesn't require a human author.
Jason offered insights on how companies are navigating employee use of third-party generative AI systems, noting a significant shift in organizational approaches.
"What we're seeing now is a shift from initial 'Don't use these tools' policies to more nuanced approaches that include proper licensing agreements, contractual protections to maintain control over data, and clear employee guidelines on permissible tools and usage," he told Law360.
He addressed the uncertainty surrounding AI inventorship requirements in patent law, emphasizing the importance of documentation.
"If you're pursuing patent protection for AI-related innovations, it's critical to document the human inputs — how you selected datasets, customized prompts and refined outputs — to demonstrate creation by a natural person — if the invention is patentable at all,” he said.
He also noted that given the current ambiguity in patent and copyright law, "many companies are finding trade secret protection a more reliable path."
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
May 7, 2025
Partner Jason Bradford was quoted in a recent Law360 article discussing the evolving landscape of artificial intelligence and trade secret protection.
The article examines how companies are increasingly turning to trade secrets as an alternative to copyrights and patents when protecting AI-related innovations, given that trade secret protection doesn't require a human author.
Jason offered insights on how companies are navigating employee use of third-party generative AI systems, noting a significant shift in organizational approaches.
"What we're seeing now is a shift from initial 'Don't use these tools' policies to more nuanced approaches that include proper licensing agreements, contractual protections to maintain control over data, and clear employee guidelines on permissible tools and usage," he told Law360.
He addressed the uncertainty surrounding AI inventorship requirements in patent law, emphasizing the importance of documentation.
"If you're pursuing patent protection for AI-related innovations, it's critical to document the human inputs — how you selected datasets, customized prompts and refined outputs — to demonstrate creation by a natural person — if the invention is patentable at all,” he said.
He also noted that given the current ambiguity in patent and copyright law, "many companies are finding trade secret protection a more reliable path."
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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