Before ChatGPT was even released, Google had an internal-only chat tuned LLM. It went "viral" because some of the testers thought it was sentient and it caused a whole media circus. This is partially why Google was so ill equipped to even start competing - they had fresh wounds of a crazy media circus.
My pet theory though is that this news is what inspired OpenAI to chat-tune GPT-3, which was a pretty cool text generator model, but not a chat model. So it may have been a necessary step to get chat-llms out of Mountain View and into the real world.
https://www.scientificamerican.com/article/google-engineer-c...
https://www.theguardian.com/technology/2022/jul/23/google-fi...
Not "some of the testers." One engineer.
He realized he could get a lot of attention by claiming (with no evidence and no understanding of what sentience means) that the LLM was sentient and made a huge stink about it.
Where would we be if patents never existed?
My understanding is that any company that can (read: has enough money for good lawyers), will prefer to use trade secrets for a combination of reasons, a big one being that competitors cannot use that technology after 10 years/when the patent expires.
Admittedly this was from my entrepreneurship classes in a European uni, so I'm not sure how it is in different places in the world.