Blueshift IP co-founder Robert Plotkin joined Gene Quinn on IPWatchdog Unleashed for a wide-ranging conversation on AI patent strategy, discussing why raw patent counts are a poor proxy for innovation leadership and why the most defensible AI patent portfolios are built around technology that specifically matters to the business.

The discussion covers several topics, including:

• Software as technology: The persistent misconception that software is somehow less “technological” than hardware can obscure the actual technical contribution behind an invention.
• Section 101 overuse: It’s frequently used as a shortcut for problems that more properly belong under enablement, written description, novelty, or obviousness.
• The risk of broad, AI-assisted drafting: Omnibus provisional applications that describe dozens of possible inventions can end up dedicating trade secrets to the public rather than protecting them.

They key takeaway for clients: before filing, identify why (product protection, competitive blocking, financing support, or licensing leverage) and ask what capability you had to build that wasn’t already available off the shelf. That answer shapes whether patent protection, trade secret protection, or some combination is the right call.

Listen to the full episode on IPWatchdog Unleashed.