Patents and AI: Current Tools, Future Solutions

By: Josh Sloat

In this month's episode, we’re talking about AI and its impact on the patent system – evaluating where we presently are and considering where it could all be heading. Dr. David Jackrel and Dr. Ashley Sloat lead a two-part discussion with our all-star panel that begins with a deep dive on the present state of AI patent tools for searching, proofreading, drafting, and prosecution – and then moves on to an exploration of how these tools could eventually provide solutions for many problems plaguing the industry including PTAB invalidation rates, hindsight bias, prior art search quality, and the unsustainable bar.  
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Episode Overview

Discussion highlights include:

• ChatGPT 4.0 vs. professionals on core competencies
• Why AI is evolving so rapidly
• AI problems and hallucinations
• AI and public disclosure risk
• AI implications for inventorship
• Current state of AI-assisted patent searching, proofreading, drafting (rule and LLM-based), and prosecution tools
• AI's potential future role in the patent system for fixing issues with the PTAB, search quality, and the unsustainable bar

Mossoff Minute: AI and Inventorship

In this month's Mossoff Minute, Professor Adam Mossoff discusses the patentability of AI-generated works and inventions.. We’re also publishing excerpts as short-form videos on Instagram Reels, YouTube Shorts, and TikTok.
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How to listen

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

Resources.

To further explore the topics discussed, see the following past episodes and resources:

Related Episodes

• Patent Wars – Innovators, Revolutionaries, and the Race to Reform. Discussions around the PTAB and enablement problems plaguing software patenting.
• Patent Searching: Sleuthing Your Way to Stronger Patents. Expert insights into patent searching and the importance of understanding the state of the art.
• Jack Daniels, Mickey Mouse, and Andy Warhol Walk into a Bar. A pop culture-fueled look at brand protection of copyrights and trademarks and implications of AI for digital humans and online content.  
• Will AI Save or Terminate the Patent System? Patsnap Frontier Keynote Address by Dr. Ashley Sloat, looking at both utopian and dystopian outcomes for the patent system based on the decisions we start making now about AI. 
• Top 3 Inventor Mistakes. Discusses the risks of publicly disclosing your invention before you have filed a patent application.

Discussed Links

• USPTO Inventorship Guidance for AI-Assisted Inventions

Transcripts​
We're also providing computer-generated transcripts for improved accessibility and additional reference opportunities.

​​Slides
For the visual learners out there, we also like to make our presenter slides available for your reference.