Published on september 29, 2026.
Artificial Intelligence and Intellectual Property: What New Forms of Protection Do Businesses Need?
Artificial intelligence is transforming how businesses develop products, create content and automate processes. At the same time, it is changing the intellectual property questions companies need to address. For a business that develops or uses AI, it is no longer enough to ask whether a technology can be patented. Companies must also identify which software, data, content, trademarks, confidential information and know-how require protection.
The pace of AI innovation is remarkable. According to WIPO, published patent families related to generative AI increased from approximately 14,000 in 2023 to more than 37,800 in 2025. More than 56,000 new generative AI patent families were published in 2024 and 2025, exceeding the total published during the previous decade.
AI is expanding the intellectual property landscape
An AI-based solution can involve several different intangible assets. A technological invention may qualify for patent protection when it meets the applicable requirements, while software, works and other forms of content may raise copyright considerations.
At the same time, business processes, confidential information, models and proprietary know-how may require protection through trade secrets and contractual safeguards.
WIPO identifies ownership, authorship, training data and AI-generated outputs among the key IP issues emerging from the development and use of artificial intelligence.
Trademarks remain essential
The development of AI-powered products and services also creates a fundamental commercial need: protecting the names, distinctive signs and trademark identities used to enter the market.
For foreign companies planning to operate in Mexico, this means that market-entry planning should consider intellectual property as an integrated strategy rather than focusing on a single technology or trademark.
What should businesses review when using AI?
Before launching an AI-based product or service, companies should evaluate which IP assets are involved, who created them, who owns them, what information is being used and which markets the business intends to enter.
In Mexico, this assessment should take into account the applicable industrial property and copyright framework, which covers areas including patents, trademarks, trade secrets and copyright.
Protect the technology that will shape your business
The rapid development of AI means that intellectual property strategy should not be treated as a later legal step. It should be considered as part of business development from the beginning.
At Merida IP, we help businesses identify intellectual property assets connected to their AI technologies and develop protection strategies for Mexico and other markets.
Contact us to discuss your project.
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