AI as IP™: A Framework for Boards, Executives, and Investors

Under current corporate accounting practices, artificial intelligence (AI) companies’ most valuable resources – large language models, training datasets, and algorithms – remain “off the books” or uncapitalized. As the importance of AI continues to grow in the global knowledge-based economy, financial statements are becoming less representative of a company’s true worth, creating a recognition gap.

In this article, James E. Malackowski, Eric Carnick, and David Ngo present several conceptual frameworks to bridge this gap. They explain how the triangulation of three valuation approaches can reveal both the tangible investment base and the intangible, strategic upside of AI assets. In turn, these approaches provide board-level visibility into where AI capital resides and how it contributes to enterprise value.

James E. Malackowski is the Chief Intellectual Property Officer (CIPO) of J.S. Held and Co-founder of Ocean Tomo, a part of J.S. Held. Mr. Malackowski has served as an expert on over one hundred occasions on intellectual property economics, including valuation, royalty, lost profits, price erosion, licensing terms, venture financing, copyright fair use, and injunction equities. He has substantial experience as a Board Director for leading technology corporations, research organizations, and companies with critical brand management issues. 

This article is the second installment in our three-part series, Artificial Intelligence as Intellectual Property or “AI as IP™”, which explores how artificial intelligence assets should be treated as a form of intellectual property and enterprise capital. The first article, “A Strategic Framework for the Legal Profession”, explored the legal foundations for recognizing and protecting AI assets. The upcoming third article, “Guide for SMEs to Classify, Protect, and Monetize AI Assets”, will provide practical steps for small and mid-sized enterprises to turn AI into measurable economic value.

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