Artificial intelligence, data governance, and increasingly sophisticated strategies for protecting and monetizing intangible assets will shape the future of intellectual property in 2026, according to our forecast.

1. Why intangible assets now sit at the core of corporate value

For many companies, intangible assets already represent the largest share of their economic value, surpassing tangible assets such as infrastructure, machinery or inventory. Patents, trademarks, designs, software and data are now critical to competing in global markets, securing financing and driving growth. According to WIPO’s World Intangible Investment Highlights 2025, investment in intangible assets has grown at a pace three times faster than investment in tangible assets since 2008.

In 2026, this trend is expected to intensify, increasing pressure from investors and business partners to demonstrate how intangible assets are protected and monetised. The opportunity lies in turning intellectual property into a genuine driver of business value.

2. How AI is changing both innovation and the way it is protected

Artificial intelligence has become a powerful enabler of corporate innovation. In 2026, its use will continue to support the exploration of new technical solutions, accelerate product design and generate new intangible assets in shorter timeframes. This creates clear opportunities to strengthen patent, design and software portfolios and bring innovations to market more quickly. WIPO data shows that the fastest-growing categories of intangible investment are software and databases, reflecting this shift. This trend will be particularly pronounced in sectors such as healthcare, energy, retail, education and tourism.

At the same time, the intensive use of generative AI raises specific intellectual property risks, including questions of ownership, traceability of the creative process, and the use of third-party data or protected content. In 2026, companies that succeed in capturing value will be those that integrate AI into their innovation processes with clear criteria on what to protect, how to document it, and how to manage the associated risks.

3. From registration to control: data governance becomes a strategic IP asset

By 2026, an increasing share of corporate value will no longer lie solely in individual registered rights such as patents, trademarks or designs, but in the structured and secure management of the information that underpins business operations and innovation. Data, models, algorithms, software and technical documentation have become critical assets, whose protection will depend less on formal registration and more on the ability of the owning company to govern them effectively through integrated IP management systems, data protection frameworks and mechanisms such as trade secret protection.

As a result, data governance systems will play a growing role in defining comprehensive intangible asset strategies, enabling greater control over knowledge, more effective asset exploitation and stronger defensive positions in disputes or audits. Operating without a clear governance framework entails significant risks, including information leaks, loss of value and difficulties in proving ownership and control over key intangible assets.

4. China sets the pace of global IP activity

The latest data from WIPO (World Intellectual Property Indicators 2025) confirms a structural shift of global intellectual property activity towards Asia. In 2024, Asian patent offices accounted for approximately 70% of all patent filings worldwide, reflecting the region’s growing weight in innovation creation and protection. Within this landscape, China plays a clearly dominant role: its national office received close to 1.8 million patent applications, representing roughly half of global filings.

For companies with international interests, these figures have direct strategic implications. In 2026, innovation protection strategies can no longer be designed with a sole focus on Europe and the United States. Asia, and China in particular, will need to be prioritised from the earliest stages of filing, monitoring and enforcement, not only to protect assets, but also to support licensing strategies, anticipate competitive risks and position effectively in the world’s most dynamic innovation markets.

5. Choosing the right patent route in Europe is becoming a strategic decision

Patent protection in the European Union will require more finely tuned strategic decision-making in 2026. The European system now offers several complementary routes —national patents, European patents with national validation, and European patents with unitary effect — expanding the range of options available while also increasing the complexity of portfolio planning, particularly in a single market geared towards cross-border commercialisation.

Data shows that Spanish companies are already adapting their strategies to this evolving landscape. In 2024, more than 50% of European patents filed by Spanish applicants were validated with unitary effect, above the European average. In the same year, Spanish filings at the European Patent Office grew by 3%, with a cumulative increase of 44% over the past decade, while national patent filings fell by almost 11%. By 2026, this trend points to a growing preference for the European route and underlines the need to align patent strategies with target markets, costs and innovation exploitation models.

6. Why enforcement is becoming central to protecting IP value

The economic scale of counterfeit goods in global trade continues to increase. According to the joint OECD–EUIPO report Mapping Global Trade in Fakes 2025, the estimated value of global imports of counterfeit goods reached approximately USD 467 billion, equivalent to around 2.3% of total global imports. In the European Union, counterfeit goods accounted for up to 4.7% of total imports, with a particularly significant impact on sectors that rely heavily on brands, design and technology.

This context reinforces the need for companies to adopt more structured and proactive strategies to protect their intangible assets. In 2026, combining monitoring, enforcement, cooperation with digital platforms and coordination with public authorities will be essential to safeguarding trademarks, designs and patents in increasingly global and cross-border markets.