22 January 2026
A Happy New Year to all, and welcome to the first CEO Update of 2026. While we have a lot that we’re looking forward to sharing in the coming months, I want to focus this update on a topic that has dominated many of the conversations had over the last year (and the subject of my latest article -link below): AI and the AI Paradox.
While AI is clearly accelerating Innovation, creativity and inventorship still arguably remains human. As companies race to integrate AI into R&D and innovation, PTOs across the globe are setting boundaries on the use of algorithms, and on what it means to be an inventor.* Recent updates from the IP5, the worlds’ largest IP offices, have all clarified that under current laws AI cannot be recognised as an inventor.** AI-assisted inventions may be patentable, and you can use a supercomputer to find a solution, but posing the problem and understanding and recognising the utility of the answer remains a strictly human privilege. This creates a fascinating paradox for those of us who work with intellectual property.
When using AI to innovate, it’s important to remember that the human spark of creativity must be documented. Without human intervention and understanding, idea generation could result in IP that is publicly available and likely unpatentable. While patent attorneys have always been strategic advisors, there is an increased focus on helping clients understand how to map the human contribution. Regulatory bodies, lawmakers and the courts have also been clear that ‘humans’ are still accountable, especially when things go wrong. An AI cannot be claimed as an inventor, and it certainly cannot be sued for infringement. This creates complex liability gaps when IP is inadvertently or deliberately copied, and this is where strategic legal counsel becomes essential. Our consultants help clients to navigate the risks of AI integration, setting clear boundaries and drafting policies on its use.
Trade Secrets remain an important alternative when patenting is impossible, or even undesirable. While AI output might be patentable, what about the AI model itself? What about the algorithms, formulas and other abstract ideas? Zacco have always considered cyber security and IP strategy as logical steps in achieving true IP protection, but these become a necessity when working with trade secrets. Our IP experts and security specialists are helping IP and R&D departments to implement tools that ensure robust Trade Secret protection. This includes drafting NDAs, employment clauses or data governance and ownership contracts, as well as developing robust network security processes or information strategies designed to keep secrets secret.
The ‘human in the loop’ is still a premium asset. Good judgement and the instinct that develops over years of experience are both capabilities that systems struggle to replicate. We are entering a golden age of hybrid innovation, and the most effective companies will be those who successfully combine machine speed and human ingenuity, and can navigate their legal, security and IP implications.
At Zacco, we are amplifying our capabilities, and we are ready to meet you wherever you are in your innovation or brand journey. We are able to combine legal expertise, technical knowledge, strategic insight and years of IP experience, and we can help you identify, protect and monetise your assets.
Innovation is changing, but the human element is here to stay. The future belongs to those who can combine both successfully.
You can read my full article here.
*https://www.epo.org/en/legal/guidelines-epc/2025/g_ii_3_3_1.html
**https://link.epo.org/ip5/Inventorship_AI-related_inventions_2024
Antonio Marsico, CEO
