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Observations and Opinions regarding Patents and Inventions of Current Interest
OPENAI ANTITRUST AND WONDERLAND - THE CHOKEHOLD THE CHESSBOARD AND THE QUEEN
The InventionSession Podcast by ByteLaw®
10 minutes
2 weeks ago
OPENAI ANTITRUST AND WONDERLAND - THE CHOKEHOLD THE CHESSBOARD AND THE QUEEN
A perspective from the IP Consultancy Byte Law®, provides an analysis of the antitrust risks posed by publicly published patent applications assigned to OpenAI OpCo, LLC. The central argument is that these patents, which claim essential mechanisms for controlling the AI ecosystem, fail the Alice test for non-conventional invention and thus represent an unlawful monopolistic threat. Specifically, the document details highest risk categories related to tying and platform control, such as patenting the digital gateway for API integration, which could lead to accusations of unlawful market foreclosure. Furthermore, the analysis highlights the dangers of bottleneck control through patents covering core AI workflow functions, such as long-running task interaction and content moderation, which could force competitors to incur significant costs. The overarching conclusion is that by attempting to legally monopolize abstract concepts and essential technical interfaces, OpenAI risks creating significant interoperability barriers that unlawfully extend its market dominance. The paper can be found here OPENAI ANTITRUST AND WONDERLAND - THE CHOKEHOLD THE CHESSBOARD AND THE QUEEN
The InventionSession Podcast by ByteLaw®
Observations and Opinions regarding Patents and Inventions of Current Interest