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The Benefits of Integrating AI Tools like ChatGPT in Patent Writing

March 16, 2023

Andrew P. Siuta | Attorney View more articles

Andrew is a member of our Patent Practice Group

As a patent attorney or writer, it is natural to feel threatened by the advancements in technology, especially when it comes to AI language models like ChatGPT. The fear of losing your job to a machine is a valid concern, but instead ChatGPT offers something even more valuable to patent professionals - an indispensable tool to enhance their work.

As I personally struggled through this fear, I sought advice from the smartest and most dependable friend I could think of… ChatGPT. I asked, "Can you write a patent application?" ChatGPT responded by saying that while it could assist with writing a patent application, it did not have the legal expertise or authority to provide official legal advice or to draft a patent application that would be legally binding. ChatGPT emphasized the importance of consulting with a registered patent attorney or agent who has expertise in preparing and prosecuting patent applications, as they can provide guidance on the patentability of the invention and ensure that the application meets all legal requirements.

Although ChatGPT's response relieved my fears of being replaced, I still believe that ChatGPT has a bright future in patent law. AI tools like ChatGPT can help catch errors in applications, such as antecedent basis and misused reference numbers, and can improve the quality of patent applications. To test its capabilities, I drafted a claim for a massage chair with a few errors on purpose. ChatGPT revised the claim, making stylistic improvements, but did not address the issue of creating a Markush group using "comprising" instead of "consisting of."

ChatGPT provided valuable support in revising my hastily drafted claim. For instance, the AI language model can generated ideas and stylistic choices for claim language, helping refine the writing, and catching grammatical and syntax errors. AI can also provide suggestions for alternative language, allowing you to make informed decisions on how to phrase your patent application.

In conclusion, the integration of AI tools like ChatGPT into the patent writing process can have a significant impact on the speed and accuracy of the work. However, it's important to remember that ChatGPT is not a substitute for a registered patent attorney or agent. It is a tool to be used in conjunction with the expertise and knowledge of a patent professional.

The power of AI, combined with the legal expertise of a patent professional, offers the best of both worlds, helping to streamline the patent writing process, saving time and ultimately producing a higher-quality patent application. I will certainly continue to use ChatGPT as an accessory in all facets of my practice as a patent attorney, but continue to rely on my own expertise to provide the client with truly enhanced work.