Artificial Intelligence (AI) is revolutionizing industries, and intellectual property (IP) is at the heart of that transformation. From proprietary algorithms and trained models, to the data that powers trained models, AI assets represent some of the most valuable (and vulnerable) parts of your business.
Don’t be caught off guard. Failing to properly assess and secure those assets can lead to legal disputes, lost investment, or even loss of ownership. At CrossBorder IP, we help businesses, investors, and acquirers protect what’s theirs by conducting comprehensive AI IP due diligence.
Who Really Owns the AI?
Ownership is the foundation of all IP rights. We dive deep into:
- Employment & Contractor Agreements – We ensure every person who touched your AI (employees, freelancers, consultants) signed agreements that clearly assign their work to your company.
- Joint Ventures & Collaborations – We review co-development contracts to make sure there are no hidden co-owners or usage restrictions.
- AI-Generated Inventions – We help you position your company as the rightful owner of output from AI tools, especially in a legal environment where “human authorship” is still required.
Is Your Data (and Its Use) Clean?
Your AI is only as strong as the data it’s trained on. We help you answer:
- Where did the training data come from, and was it legally obtained?
- Are your data licenses clear, compliant, and transferable?
- Was data collection done in line with GDPR, CCPA, and platform terms of service?
- Who owns the new data or insights your AI generates?
Are Your AI Patents Strategic and Defensible?
If your AI is patented, or you’re evaluating a company’s portfolio, we review:
- Patent quality and technical depth
- Claim scope and enforceability
- Prior art or validity risks
- International filing coverage
- Risks of infringing on others’ patents (Freedom to Operate)
Are Your AI Trade Secrets Secure?
Some of your most valuable IP, like model architecture, data/datasets, and training techniques, may warrant trade secret protection. We evaluate:
- How well your trade secrets are documented and identified
- Whether you’ve taken the “reasonable steps” required to legally protect them
- Employee access controls, NDAs, and cybersecurity protocols
- Onboarding and offboarding processes to safeguard IP at every stage
Are You Compliant with Open Source Licenses?
AI systems may rely upon open-source code. Practically every open-source license comes with strings attached. We help you:
- Audit your codebase to identify open-source components
- Review license terms (e.g., copyleft vs. permissive)
- Resolve risks that could force you to disclose proprietary code or halt product deployment
- Align OSS use with your commercialization strategy
Can You License, Monetize, and Scale?
We assess whether your current licensing agreements – both inbound and outbound – support your business goals:
- Do you have the right to commercialize third-party models or datasets?
- Are customer licenses structured to protect your core IP?
- Are there limits on geographies, user caps, or deployment methods that may affect your scale-up plans?
- Is your IP aligned with your long-term monetization strategy (SaaS, APIs, OEM licensing, etc.)?
Secure Your AI Future
AI intellectual property is complex, fast-evolving, and critical to your competitive advantage. Whether you’re building AI from scratch, acquiring an AI company, or integrating AI into existing products, proper due diligence ensures your investments are protected and your innovations remain yours. Don’t let IP gaps derail your AI strategy or expose your business to unnecessary legal risks.
Need Help with AI IP Due Diligence? AI IP due diligence isn’t just about reading contracts—it’s about understanding how technology, law, and business strategy intersect. Our team at CrossBorder IP combines legal expertise in IP and data privacy with technical fluency in AI systems to help you uncover hidden risks, protect your investment, and unlock full value from your AI assets.