According to the latest data, nearly 15,000 companies dealing with artificial intelligence were registered in Poland in 2025.[1] This testifies to an undoubted boom in AI, as well as to the dynamic changes related to the development of this technology. However, amid the rush to implement AI, do companies consider the most important issue: securing the outcomes of their work and protecting themselves against competitors? In this article, we explore this issue and suggest ways to avoid costly problems.
Giants with problems
A leading manufacturer in the industry witnessed firsthand the importance of securing one’s rights in a timely manner, i.e. before launching an AI-based product.
We are talking about OpenAI OpCo, LLC – the manufacturer of ChatGPT – which despite launching subsequent models, experienced significant issues when trying to register its basic mark.
The first application for the ChatGPT trademark was only filed with the US Patent and Trademark Office in December 2022. This is surprising as the first version of ChatGPT made available to users of GPT-3.5 was released several weeks earlier, in November 2022.
We have previously written about the delayed registration of this trademark here.
It seems that the tech giant is learning from its mistakes, as at the end of 2025, it filed an application to register the ‘ChatGPT Atlas’ trademark, which will be used to designate a new web browser.
Trademark protection is obtained upon registration and is valid from the application date. Therefore, if a company unnecessarily delays filing an application or does so after launching its product, it may be acting to its own detriment.
Competitors may wish to exploit this by filing applications for marks based on or referring to the names used by the company. Impossible? Not at all.
Effective acquisition of rights
Many companies developing AI models use the work of other specialists and subcontractors. While this is common practice, subcontractors normally transfer their contributions, such as source codes or other IP assets, to the client based on separate agreements.
However, our experience shows that many oversights occur as early as the stage of concluding agreements, which has or may have a negative impact on clients’ ability to effectively acquire IP rights. Unfortunately, such situations are very common and represent a significant red flag when assessing companies involved in AI.
This is also of considerable importance in subsequent rounds of financing, since the absence of adequate intellectual property protection significantly impacts business valuation.
It is also worth bearing in mind that rights that a technology company has not effectively acquired from a subcontractor cannot be transferred effectively to other entities. For example, in the case of the sale of rights to an application, there is a risk that the investor will not actually acquire what the company claims to own.
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[1] According to data provided by Rzeczpospolita in issue No. 35 (13401), there are 14,500 businesses dealing with AI registered in Poland.
