AI-Generated Works and Intellectual Property: What Businesses Should Know
Dr. Adv. Mohini Suryawanshi · 2026-09-19
AI-Generated Works and Intellectual Property: What Businesses Should Know Artificial intelligence is now part of everyday business operations. Teams use AI tools to generate images, software code, written content, product concepts and research material. However, using AI does not automatically clarify who owns the resulting work or whether it can be used safely. Review ownership before commercial use Businesses should check the terms of the AI platform used to create the material. Important questions include:
- Who may use the generated output?
- Can the output be used commercially?
- Does the platform retain uploaded information?
- Are generated results used for model training?
- Does the platform provide any ownership or licence rights? The answers may differ between providers and subscription plans. Protect confidential information Employees and contractors should not upload confidential business information, unpublished inventions, client documents or trade secrets into public AI tools without approval. A company should establish an internal AI-use policy covering:
- Confidentiality
- Data protection
- Client information
- Human review
- Record keeping
- Approved tools
- Responsibility for final work Document the human contribution Where a project involves AI assistance, maintain records showing the human contribution. This may include prompts, drafts, revisions, technical decisions and final approvals. Good documentation can help demonstrate how the work was created and support ownership, authorship and contractual discussions. Review inventions before disclosure AI-assisted research may produce patentable ideas, but public disclosure can affect patent strategy. Businesses should conduct an invention review before publishing, presenting or uploading technical material online. A confidentiality review is especially important before:
- Filing a patent application
- Demonstrating a product
- Sharing information with investors
- Publishing technical research
- Entering into a collaboration Build an IP strategy around AI use AI should be treated as part of the organisation’s broader intellectual property strategy. Businesses may need to review patents, copyrights, trademarks, trade secrets, contracts and employee policies together. A structured review can help identify:
- What was created
- Who contributed
- Which rights may apply
- What information must remain confidential
- What agreements are required
- Whether registration or commercial protection is appropriate Professional advice should be obtained for projects involving valuable technology, sensitive data, third-party content or significant commercial investment.