Sophisticated prompt engineering has evolved far beyond simple instructions to an LLM. Today's AI products use complex orchestration systems with multiple prompts, branching logic, validation steps, and error handling. At what point do these systems cross from trade secrets to patentable inventions?

Beyond Simple Prompts

A single prompt—no matter how clever—is unlikely to be patentable. But modern AI applications rarely rely on single prompts. They use:

• Multi-stage pipelines where outputs from one model feed into another
• Dynamic prompt generation based on user context or query analysis
• Parallel execution with result aggregation and conflict resolution
• Fallback systems that route to different models or approaches
• Self-critique loops where models evaluate and refine their outputs

When Orchestration Becomes Patentable

The key question is whether your orchestration system represents a novel technical solution to a concrete problem. If you've invented a new way to coordinate AI components that produces better results than prior approaches, that architecture may be patentable—regardless of whether the underlying models are off-the-shelf.

Think of it like patenting a new manufacturing process. The machines might be standard equipment, but the specific sequence, timing, and coordination you've developed to achieve superior results can still be protected.

Trade Secrets vs. Patents

Trade secrets protect as long as you maintain secrecy—but they offer no protection against independent development or reverse engineering. If a competitor can infer your approach from your product's behavior, trade secrets provide little defense. Patents, by contrast, protect against independent development and require competitors to design around your claims.