Mark Cuban warns that patenting work makes it public, allowing any AI model to train on it instantly. To maintain a competitive data advantage, he suggests companies should increasingly rely on trade secrets, keeping their valuable IP out of the public domain and away from competitors' models.

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Public internet data has been largely exhausted for training AI models. The real competitive advantage and source for next-generation, specialized AI will be the vast, untapped reservoirs of proprietary data locked inside corporations, like R&D data from pharmaceutical or semiconductor companies.

A key competitive advantage for AI companies lies in capturing proprietary outcomes data by owning a customer's end-to-end workflow. This data, such as which legal cases are won or lost, is not publicly available. It creates a powerful feedback loop where the AI gets smarter at predicting valuable outcomes, a moat that general models cannot replicate.

Since LLMs are commodities, sustainable competitive advantage in AI comes from leveraging proprietary data and unique business processes that competitors cannot replicate. Companies must focus on building AI that understands their specific "secret sauce."

The AI revolution may favor incumbents, not just startups. Large companies possess vast, proprietary datasets. If they quickly fine-tune custom LLMs with this data, they can build a formidable competitive moat that an AI startup, starting from scratch, cannot easily replicate.

The choice between a patent and a trade secret is a strategic decision based on vulnerability. If a product can be purchased and deconstructed to reveal its innovation, a patent is the necessary path. Trade secrets are only viable for innovations that are impossible to discover through reverse engineering.

The "golden era" of big tech AI labs publishing open research is over. As firms realize the immense value of their proprietary models and talent, they are becoming as secretive as trading firms. The culture is shifting toward protecting IP, with top AI researchers even discussing non-competes, once a hallmark of finance.

If a company and its competitor both ask a generic LLM for strategy, they'll get the same answer, erasing any edge. The only way to generate unique, defensible strategies is by building evolving models trained on a company's own private data.

As algorithms become more widespread, the key differentiator for leading AI labs is their exclusive access to vast, private data sets. XAI has Twitter, Google has YouTube, and OpenAI has user conversations, creating unique training advantages that are nearly impossible for others to replicate.

The initial AI boom was fueled by scraping the public internet. Cuban predicts the next phase will be dominated by exclusive data deals. Content owners, like medical journals, will protect their IP and auction it to the highest-bidding AI companies, creating valuable data silos.

The concept of "sovereignty" is evolving from data location to model ownership. A company's ultimate competitive moat will be its proprietary foundation model, which embeds tacit knowledge and institutional memory, making the firm more efficient than the open market.

Companies Should Favor Trade Secrets Over Patents to Protect IP in the AI Era | RiffOn