Published on August 13, 2026.
Does Your Company Use Generative AI? Here’s What WIPO Says About Protecting Your Innovation
If your company already integrates generative artificial intelligence (GenAI) into its products, services, or internal processes, you may already have valuable intellectual property worth protecting—even if you have not yet considered it from that perspective.
The Patent Trends Update in GenAI report, published by the World Intellectual Property Organization (WIPO), provides important insights into who is patenting generative AI technology, how they are doing it, and which industries are joining the race.
For businesses adopting AI, the message is increasingly clear: protecting AI innovation should be part of your intellectual property strategy from the beginning
Generative AI Patents Are No Longer Limited to Big Tech
One of the most significant findings in the report is the rapid diversification of companies developing and patenting generative AI technologies.
The landscape is no longer dominated exclusively by software companies. The report highlights the entry of organizations such as State Grid Corporation of China, the world’s largest electric utility company, which already holds more than 1,100 patent families related to the application of GenAI to power grid optimization, predictive maintenance, and infrastructure planning.
Bosch is another notable example, reflecting the growing interest of European industrial companies in generative AI. Meanwhile, Nvidia has expanded its patent presence beyond hardware into software and model architectures.
This confirms an important trend: generative AI intellectual property protection is no longer exclusive to technology companies.
If your business uses GenAI to automate processes, analyse data, develop products, or improve services, you may be creating potentially patentable innovations—regardless of your industry.
The OpenAI Case: A Lesson in AI IP Strategy
Interestingly, the report indicates that OpenAI, the company behind ChatGPT, had only around 35 patents worldwide by the end of 2025—a relatively small portfolio compared with competitors such as Alphabet and Microsoft.
OpenAI’s patents are concentrated primarily on specific product innovations rather than fundamental AI architectures. This suggests that the company has relied more heavily on trade secrets and speed of execution as elements of its competitive advantage.
This does not mean that patenting AI technology is unnecessary.
Instead, it demonstrates an important principle: there is no single intellectual property strategy that works for every AI company.
Depending on the technology, business model, competitive environment, and commercialization plans, a company may benefit from:
- Patent protection for eligible technical innovations
- Trade secret protection for confidential technology, processes, and know-how
- Copyright protection for eligible software and other original works
- A combination of intellectual property rights designed around the company’s specific business strategy
The key is determining what should be protected, how it should be protected, and when the protection strategy should be implemented.
Why Protecting AI Innovation Requires Early Planning
The WIPO report also highlights another important trend: most GenAI patents are still filed only in the applicant’s domestic market, while international patent families represent a relatively small share of the total.
This suggests that many companies have not yet developed a comprehensive global AI IP protection strategy.
For businesses developing technologies with international commercial potential, this can represent both a challenge and an opportunity.
Patent protection is territorial, and strategic decisions regarding where and when to seek protection can have a significant impact on a company’s ability to commercialize its technology internationally.
For this reason, companies developing AI solutions should consider their intellectual property strategy early in the innovation process, rather than waiting until a product reaches the market.
What Should Your Company Protect?
If your business uses generative AI, the first step is identifying where the actual innovation lies.
Potentially protectable elements may include:
- AI-powered technical processes
- Novel methods for using generative AI
- AI-driven systems and applications
- Technical improvements to existing AI technologies
- Novel data-processing methods
- AI-based automation processes
- Software-related technical innovations
- Proprietary algorithms or architectures, where applicable
- Confidential know-how and implementation methods
Not every AI-related development will qualify for patent protection, and the legal requirements vary depending on the jurisdiction.
That is why an AI intellectual property assessment should be carried out before deciding how to protect a technology.
The Right Time to Protect Your AI Innovation Is Now
The rapid expansion of generative AI patents shows that the competitive landscape is becoming increasingly crowded.
At the same time, the strategies adopted by companies such as OpenAI, Nvidia, Bosch, and State Grid Corporation of China demonstrate that businesses are taking different approaches to AI intellectual property protection.
There is no universal formula.
The right strategy depends on your technology, business model, target markets, competitive environment, and long-term commercial objectives.
At MErida IP, we help companies and entrepreneurs identify which aspects of their technology may be eligible for patent protection and develop the appropriate intellectual property strategy—whether locally, internationally, or through a combination of protection mechanisms.
If your company is working with generative artificial intelligence, contact Mérida IP to discuss how to protect your innovation before the market becomes even more competitive.
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