Prompting and Patents

By: Josh Sloat

What to Know Before You Ask AI

AI can now produce something that very much *looks* like a patent application. It can be long. It can be technical. It can have claims. It can use many of the right-sounding words in approximately the right-sounding places. But does it actually protect your invention? And that distinction—between something that looks impressive and something that creates a durable legal asset — is everything to an inventor hoping to reliably protect their innovation. From a subtle word-choice mistake to a major hallucination, even the smallest details can lead to unintended, fatal consequences for intellectual property rights. And as anyone who uses AI regularly knows, the dangerous part is when it gives you output that is 90 percent convincing. AI can be extraordinarily persuasive while being extraordinarily wrong.
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Over this past year, our firm has seen a major uptick in inventor use of AI to brainstorm ideas, organize invention disclosures, search for prior art, analyze office actions, and—in some cases—draft entire patent applications. And why wouldn’t the pioneers and professionals at the forefront of science and technology be using every tool at their disposal for technological and economic advantage? We strongly believe that for both practitioners and inventors, AI offers many compelling, cost-effective uses that should culminate in more robust IP rights. But like with many things at the intersection of technology and law, absolutes are perilous, and the devil hides in the details.
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Episode Overview

To help cut through the uncertainty and get to the most effective and responsible use of AI possible, Dr. Ashley Sloat, leads a discussion with a panel of expert patent practitioners exploring where AI is genuinely helping in patent drafting and prosecution, where they’re seeing it go wrong, the surprising ways it can actually increase legal costs, what recent court decisions may mean for confidential information, and some practical guardrails for inventors who want the benefits of AI without inadvertently undermining the very intellectual property they’re trying to protect.

Mossoff Minute: USPTO Report on Impact of IP-Intensive Industries

In this month's Mossoff Minute, Professor Adam Mossoff discusses a report recently published by the USPTO with data that highlights the importance and impact of IP-intensive industries on the US economy. 

How to Listen

Patently Strategic is available on all major podcasting directories, including Apple Podcasts and Spotify. 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.
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Resources.

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

Related Episodes

• Patent Quality. Know what goes into a quality patent. ​The quality of your initial filing and prosecution strategy will directly impact scope of protection, ability to enforce your rights, and overall business value of your patent.
• Dealing with Rejection. AI frequently misinterprets examiner rejections. 
• Patent Claims. Broad or unsupported claims can significantly reduce the patent's long-term value or enforceability.
• Continuation Practice. An incorrectly supported application could significantly limit your future ability to keep a patent family open. 
• Public Disclosure. Incorrect use of AI before filing could create a public disclosure that limits or eliminates your ability to protect an invention. 
• Claim Construction. Subtle word choice mistakes can have dire consequences in how courts interpret the meaning and scope of the claims of a patent.

Related Reading

• Client FAQ on AI Use. Aurora's FAQ on effective and responsible client use of AI for patent drafting and prosecution.
• Generative AI Tools for Patent Drafting. Aurora's white paper on the evolving state of sophisticated AI tools used by patent agents and attorneys.
  
• Patent Anatomy. AI tools can generate text that looks like a patent application, but often lack key substance beyond raw structure. 
• Patent Profanity. AI can often use inconsistent terminology that weakens claim interpretation.

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