What if the biggest risk to your startup isn’t competition—but saying too much, too early?
In a world where founders race to ship, pitch, and publish, Dina Blikshteyn sits on the other side of the chessboard—watching brilliant ideas quietly slip into the public domain before they’re ever protected. It’s not that founders don’t value IP. It’s that they realize its importance… about six months too late.
Dina Blikshteyn is a Partner at Haynes Boone, co-chair of its AI practice, and a rare hybrid: former engineer turned IP strategist. She began her career building high-frequency trading systems on Wall Street before pivoting into law—now advising companies at the bleeding edge of AI, patents, and tech regulation. At Haynes Boone, she works with startups and enterprises alike to navigate one of the most misunderstood battlegrounds in tech today: how to actually own innovation in the age of AI.
In Today's Episode We Discuss:
00:01 Introduction to Dina Blikshteyn and AI + IP background
00:42 Dina’s origin story: engineering, Wall Street, and law
01:47 How technical background shapes IP and AI legal work
02:23 Key challenges in patenting AI and emerging tech
03:03 Why startups delay IP—and the consequences
03:59 Patent basics: filing vs protection timeline
05:04 International patent strategy for startups
06:26 Common founder misconceptions about patentability
07:41 Patent vs trade secrets vs trademarks vs copyright
08:19 Risks of NDAs and IP leakage in startups
09:35 Publishing vs protecting IP in AI research
10:53 Patent surprises and broad claims in emerging tech
12:05 OpenAI, patents, and shifting strategies in AI
14:21 Comparing AI to past platform shifts
15:07 Patent enforcement and proving infringement
17:39 Litigation, settlements, and patent dispute dynamics
19:18 Famous patent cases and startup vs big tech battles
21:41 Lessons for startups from major IP cases
22:45 How AI tools are changing patent workflows
24:24 Are moats dead? Rethinking defensibility in AI
25:19 What AI startups should actually patent
26:25 Patent lifespan vs fast-moving tech cycles
27:54 Open source vs proprietary IP strategies
29:24 Evolution of AI regulation (US vs states vs EU)
31:23 How regulation impacts innovation and startups
34:04 AI governance frameworks (NIST, ISO)
35:04 Future of AI regulation and legal landscape
36:01 AI copyright lawsuits and fair use debate
38:01 Derivative works, copyright, and AI-generated content
40:22 Implications for creators and content economics
41:03 Rapid fire: AI and IP misconceptions
45:14 Closing thoughts and future of AI + law
Sharp takeaways you won’t forget:
“By the time startups realize they need a patent… it’s already too late.”
“You don’t need to patent everything—but you better protect your crown jewels.”
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