Disclosure to Generative-AI Tools Can Create Patent Prosecution Risk
Joshua Rayes and Kevin Davis examine the patent prosecution risks associated with using generative AI tools to draft patent applications. They explain how disclosing unpublished invention details to AI systems may jeopardize patentability, while AI-generated content can raise questions about inventorship, written description and enforceability. The authors recommend using secure AI environments, maintaining human oversight of patent drafting and documenting AI-assisted workflows to help protect patent rights.