OpenAI’s patent pledge less than it seems

In what some are calling a virtue-signalling stunt, OpenAI recently pledged to use their patents for defensive purposes only, as long as parties don’t assert claims against them or engage in harmful activities.

Notably, OpenAI has a weak patent portfolio and, like many AI companies, relies on keeping core innovations as unpatented trade secrets. This approach helps avoid disclosing key technology to competitors.

A patent is a ‘negative’ right, in that it gives owners the right to exclude people from practicing your invention. However, if you can’t detect infringement (because the patent resides embedded in a black box in a remote server, for example), then you’ve effectively enabled competitors by publicly disclosing your invention with no way of reasonably enforcing it.

Not all patents are created equal. Even patents with commercial potential may not be enforceable. Determining the enforceability of patents can be extremely costly and time-consuming, with no guarantee of success.

 That’s where Pelent comes in. Our AI-powered system is designed to identify enforceable patents quickly and reliably at a fraction of the usual cost. No more hourly fees, retainers, or subscriptions.

For patent owners seeking to extract more value from their portfolios, Pelent delivers superior data-driven results to maximize patent potential and drive meaningful business outcomes.