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ARTICLE · 04 JUNE 2026

Patent Risks Of Using AI: Public Disclosure Concerns For Inventors

When inventors use external AI tools to brainstorm, refine technical explanations, or draft materials, they may inadvertently create patent-defeating public disclosures.

United StatesIntellectual Property

Why inventor interactions with external AI tools may jeopardize patent rights

Generative AI tools are quickly becoming part of the ordinary workflow for researchers, engineers, and product teams. Inventors may use AI to brainstorm alternatives, summarize references, refine technical explanations, draft slides, or prepare emails and reports. But when an inventor enters technical information into an external AI system, an important patent question arises: has the inventor just made a disclosure that could jeopardize patent rights? The answer is not always straightforward, but the risk is real and often underestimated. The issue is especially significant because U.S. law and non-U.S. law do not treat pre-filing disclosures the same way.

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