This article, by Antonio Marsico, was originally published on his LinkedIn account on 19/01/2026
The AI Paradox: While AI is clearly accelerating Innovation, creativity and inventorship still arguably remain human. Everyone is talking about AI because it is changing the way we operate. It remains an incredible tool for improving efficiency, but is increasingly becoming a partner in the R&D lab too. From revolutionising drug development timelines to optimising aerodynamic designs or identifying new construction materials, AI is accelerating innovation at a rate we have never seen before.
But as companies race to integrate AI into R&D and innovation, patent and trademark offices 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, which includes some of the worlds’ largest IP offices (EPO, USPTO, JPO, KIPO and CNIPA) have all clarified that, under current laws, AI cannot be recognised as an inventor.**
So, AI-assisted inventions are patentable, and you can use a supercomputer to find a solution, but posing the problem and understanding and recognizing the utility of the answer remains a strictly human privilege
This creates a fascinating paradox for those of us who work with intellectual property. AI has already transformed how some of our clients invent, but it also reinforces the critical importance of who is doing the inventing.
Many of the companies navigating this evolutionary innovation landscape have had to update their processes, while reconciling these new ways of thinking with existing practice and legislation. What does this mean for companies seeking to ride the momentum of the ‘Fourth industrial Revolution’?*** Here’s how we at Zacco see it:
A rise in prompt-driven innovation and creativity
Inventors have often been defined by their ability to solve a technical problem, to execute experiments or to create something new. In the AI era, inventors may also be defined by their ability to direct an algorithm. We are already seeing a rise in idea generation through prompts but because the law requires that patentability remain human, the human spark of creativity must be documented. This includes parameter and constraint selection, specific prompts and any validation, corroboration or rationale conducted by inventors or R&D teams. Without this human intervention, idea generation could result in innovation that becomes publicly available and likely legally unpatentable, rather than becoming protectable intellectual property.
The Zacco View: While Patent Attorneys have always been strategic advisors, there will likely be an increased focus toward helping clients understand how to map the human contribution, both in advance and during the idea and innovation process. This will become necessary in AI-heavy workflows to ensure portfolios remain robust and defendable.
Trade Secrets: An important alternative when patenting is impossible, or impractical.
While AI output might be patentable (see above), what about the AI model itself? Assets such as the algorithms, formulas and other abstract ideas are generally not patentable, and if an AI breakthrough can’t be explained, it will fail the ‘enablement requirements’ surrounding public disclosure and replication. In such cases, a patent attorney might be able to protect the result, but they will need to work with legal teams and even cyber security specialists to ensure IP protection goes beyond the outcome and protects the development processes where possible.
The Zacco View: We 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 attorneys and cyber security specialists are helping IP and R&D heads to implement the necessary tools to ensure robust Trade Secret protection. From a legal standpoint, this includes drafting NDAs, employment clauses, and communication or data governance contracts, as well as exclusivity agreements necessary to protect any knowledge sharing or partnership agreements. From a cyber security perspective, we support the development of robust network security processes, as well as the information security and classification strategies necessary to keep secrets secret.
Accountability cannot be automated.
PTOs, courts and other legislative/regulatory bodies have been clear that humans or ‘natural persons’ must remain accountable, especially when things go wrong. An AI cannot be named as an inventor, and it certainly cannot be sued for infringement (yet!) creating complex liability gaps when IP is inadvertently or deliberately copied.
The Zacco View: This is where strategic legal counsel becomes essential. Our consultants are already helping organisations to navigate the risks of AI integration, setting clear boundaries on its use. Many companies are surging forward in adopting AI to automate their routine processes, but it still struggles to replicate the instinct and good judgement honed over years of experience working within a particular sector or field. The ‘human in the loop’ remains a premium asset because compliance, and being able to stand up to scrutiny when challenged, are both still necessary in ensure that innovation and reputation remain protected.
So where do we go from here?
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 already amplifying our capabilities, and 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 to identify, protect and monetise you physical and digital assets.
Innovation is changing, but the human element is here to stay. The future belongs to those who can combine both successfully.
*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
*** https://www.weforum.org/focus/fourth-industrial-revolution/
