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ARTICLE · 28 JANUARY 2025

AI For Patent Drafting In 2025

Baker Botts L.L.P.
Baker Botts L.L.P.
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Baker Botts L.L.P.

Baker Botts L.L.P.

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Can AI be used to draft a patent application? The answer is complicated. The capabilities of AI have been advancing very rapidly, which seems to suggest that it could be possible.

United StatesIntellectual Property
Richard B. Harper
Richard B. Harper
Margaret M. Welsh
Margaret M. Welsh
Parker Hancock
Parker Hancock

Can AI be used to draft a patent application? The answer is complicated. The capabilities of AI have been advancing very rapidly, which seems to suggest that it could be possible. For example, at the end of 2024, a leap forward was made when AI researchers discovered the idea of "test-time compute" (TTC), or the basic idea that the quality of AI outputs can be improved by letting large language models (LLMs) think longer before arriving at an answer. This discovery has led to extraordinary performance improvements on many key benchmarks. For example, a currently unreleased model was able to score 87.7% on a benchmark that tests the ability to solve Ph.D-level questions in physics, biology, and chemistry (humans with relevant credentials could only score about 75%).1 With this level of performance, it seems reasonable to ask whether these models could be used for practical, high-value tasks – including patent application drafting.

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