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

Sammanfattning

ProblemThere is an ongoing technological shift driven by artificial intelligence (AI), makingmachines 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 intellectualproperty (IP) and IP strategy. The technological shift might already have changed theenvironment for companies and may further impact the companies’ work with IP and IPstrategy. 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 orwill affect companies’ work with IP or their IP strategies.AimThis study aims to explore, analyze and understand whether companies’ work with securingintellectual 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 betterunderstanding of how technology interacts with the legal field when companies strive to staycompetitive.Theoretical FrameworkThe theory fundamentally describes the technological shift of AI as of today. Moreover, thetheory includes the field of innovation, IP, IPRs and IP strategy as well as the intersection ofAI and IP.MethodThe study used a qualitative method with an abductive approach. The data was collectedthrough semi-structured interviews with 20 respondents, selected through analysis andranking of research and development (R&D) heavy companies operating in Sweden. Further,the interview data was transcribed and analyzed using coding.Results and ImplicationsThe findings indicate that, so far, the companies’ IP strategies have not yet been directlyimpacted by the technological shift of AI. The companies’ IP strategies are closely linked tothe overall business strategies, which have not yet been impacted by the technological shift ofAI. 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, AIhas for some made collaborations more complicated, some companies find trade secrets morevaluable now and there are also concerns regarding decreased entry barriers.The study also highlights potential future opportunities and challenges. Future opportunitiesinclude increased efficiency, cost reductions and enhanced strategic flexibility. Expectedfuture challenges include legal uncertainty regarding the protection of AI-generated works, agrowing number of patents that make the definition of prior art more complicated, and theincreasing threat of patent trolls. The challenges may necessitate more advanced and adaptiveIP strategies, suggesting potential for significant changes within the area of AI and IP.