Trade secrets and AI

Navigating the intersection of trade secrets and artificial intelligence developments

On September 23, we hosted a symposium on the role of trade secrets in emerging artificial intelligence (AI) technologies in today’s rapidly evolving marketplace. This event took place at USPTO headquarters, with both virtual and in-person attendance options. 

Over four sessions, experts from academia, law practices, and the U.S. AI industry examined the role of trade secret protection in AI development.

This hybrid program explored: 

• Trade secret law, including an overview and recent developments
• The role of trade secrets in AI development
• Transparency in AI development
• Stakeholder viewpoints on trade secret protections in AI 

Questions for panelists were submitted in advance to AskTradeSecrets@uspto.gov. 

A recording of this event is now available.

Agenda

(Subject to change)

Registration

8 – 9 a.m.

Welcome remarks

9-9:10 a.m.

• Skip Mark
  Director, Global Intellectual Property Academy, USPTO
   
• Mary Critharis
  Acting Chief Policy Officer and Director for International Affairs, Office of Policy and International Affairs, USPTO

Session 1: Trade Secret Law – Overview and Recent Development

9:10–10 a.m.   

The session will provide a broad overview of trade secret law along with highlighting key developments shaping the current legal landscape.

Presenters:

• Mark Abumeri
  Attorney Advisor, USPTO
   
• David Almeling
  Partner, O’Melveny & Myers LLP

Session 2: Role of trade secrets in artificial intelligence development

10-10:50 a.m.    

The session will explore what role trade secret protection plays in AI research and development.

Presenters:

• Ken Corsello
  U.S. Trade Secret Counsel/Patent Licensing Counsel, IBM Corporation
   
• Camilla A. Hrdy
  Associate Professor of Law, Rutgers Law School

Coffee break

10:50–11:10 a.m.    

Session 3: Transparency in artificial intelligence development

11:10 a.m. to noon    

This session will delve into the reasons why transparency is critical in AI development and how AI developers are addressing the challenges imposed by transparency.

Moderator:  

Vu Nguyen
Attorney Advisor, USPTO

Panelists:    

• Jill Crosby
  Policy Counsel, Engine Advocacy
   
• Anna B. Naydonov
  Partner, White & Case LLP
   
• Tajh L. Taylor
  Special Advisor, Wikimedia Foundation
   
• John Villasenor
  Professor of Law and Engineering, UCLA          

Session 4: Viewpoints: Stakeholder rights and AI

noon to 12:50 p.m. 

This session will explore the viewpoints on trade secret protection in the AI development process in light of legitimate interests in transparency.

Moderator:

Peter N. Fowler
Senior Counsel, Office of Policy and International Affairs, USPTO

Panelists:    

• Laura Sheridan
  Head of Patent Policy, Google
   
• John Villasenor
  Professor of Law and Engineering, UCLA
   
• Joseph Whitlock
  Senior Director, Policy and Executive Director, Global Data Alliance, Business Software Alliance (BSA)

Concluding remarks

12:50 p.m.    

Additional information

For more information, contact Nadine Herbert in the USPTO's Office of Policy and International Affairs at Nadine.Herbert@uspto.gov.