Artificial Intelligence And The Patent Application Process: A Synopsis Of The Potential Benefits And Risks

The use of artificial intelligence ("AI") tools in the patent application process gives rise to a vast array of risks and opportunities for intellectual property ("IP") practitioners and society at large.

IP practitioners have used computer tools to research and prepare patent applications for years. For example, attorneys use word processing tools to draft and edit virtually every written document and routinely use search engines and internet resources to conduct research. Unsurprisingly, no rule forbids using such computer tools in the patent application process, so long as the use complies with applicable statutes and rules. Likewise, there is no rule specifically governing the use of AI to research or prepare patent applications and supporting materials. Still, practitioners choosing to utilize AI must be careful to maintain compliance with existing rules that they could breach by irresponsible use.