AI’s Impact on Companies’ Intellectual Property Strategies A Qualitative Study on how the Technological Shift of AI Impacts Creation and Management of Intellectual Properties

Abstract

Problem There is an ongoing technological shift driven by artificial intelligence (AI), making machines more human-like, in abilities such as problem solving and creation of new works. Prior research has identified that AI is a potential source of change in the field of intellectual property (IP) and IP strategy. The technological shift might already have changed the environment for companies and may further impact the companies’ work with IP and IP strategy. Although previous studies have acknowledged this impact regarding AI and IP, there is a lack of qualitative studies exploring how this technological change has affected or will affect companies’ work with IP or their IP strategies. Aim This study aims to explore, analyze and understand whether companies’ work with securing intellectual property rights (IPRs) and their IP strategies has been, or is expected to be, affected by the technological shift with AI. Further, this study intends to create a better understanding of how technology interacts with the legal field when companies strive to stay competitive. Theoretical Framework The theory fundamentally describes the technological shift of AI as of today. Moreover, the theory includes the field of innovation, IP, IPRs and IP strategy as well as the intersection of AI and IP. Method The study used a qualitative method with an abductive approach. The data was collected through semi-structured interviews with 20 respondents, selected through analysis and ranking of research and development (R&D) heavy companies operating in Sweden. Further, the interview data was transcribed and analyzed using coding. Results and Implications The findings indicate that, so far, the companies’ IP strategies have not yet been directly impacted by the technological shift of AI. The companies’ IP strategies are closely linked to the overall business strategies, which have not yet been impacted by the technological shift of AI. However, the findings can be divided into operational, legal and strategical changes. Legally, the changes are primarily connected to the change of the IP landscape. Operationally, companies have started to automate some day-to-day tasks. Strategically, AI has for some made collaborations more complicated, some companies find trade secrets more valuable now and there are also concerns regarding decreased entry barriers. The study also highlights potential future opportunities and challenges. Future opportunities include increased efficiency, cost reductions and enhanced strategic flexibility. Expected future challenges include legal uncertainty regarding the protection of AI-generated works, a growing number of patents that make the definition of prior art more complicated, and the increasing threat of patent trolls. The challenges may necessitate more advanced and adaptive IP strategies, suggesting potential for significant changes within the area of AI and IP.