Today, IP-focused AI tools are still being tested and refined to bring them up to the standards human IP lawyers apply to patent applications and prosecutions. However, their availability will likely have a beneficial impact on reducing the fees charged for some aspects of patent work.
The future of patent law is poised to be a harmonious blend of human expertise and AI efficiency. In this future, AI does not replace attorneys but rather complements their work.
For those who fear AI, the key takeaway is this: AI does not replace patent attorneys—it makes them more valuable than ever before. Attorneys who embrace AI will not only stay relevant but gain a competitive edge in the evolving legal landscape. The future of patent law belongs to those who use AI strategically.
In 2022, the Federal Circuit held in Thaler v. Vidal that the Patent Act requires an inventor to be a natural person (i.e., a human being), and therefore an AI system may not be listed as the inventor on a patent.
While AI can aid in generating ideas and solutions, the inventive concept must originate in part from human ingenuity. Human inventors must make substantial contributions to the invention that go beyond merely using AI tools. Otherwise, the invention is not eligible for patent protection.
While AI can aid in generating ideas and solutions, the inventive concept must originate in part from human ingenuity. Human inventors must make substantial contributions to the invention that go beyond merely using AI tools. Otherwise, the invention is not eligible for patent protection.
Copyright law protects original works of human expression. It does not protect AI -generated works where a human makes little to no creative impact, such as by typing a simple prompt, but it does protect works created with the use or assistance of AI .
Generate content when and where needed: Use AI tools that offer prompt assistance features to generate specific sections of a patent application on demand. For example, AI can take an attorney-written claim and generate a suitable title or summary.
While AI can aid in generating ideas and solutions, the inventive concept must originate in part from human ingenuity. Human inventors must make substantial contributions to the invention that go beyond merely using AI tools. Otherwise, the invention is not eligible for patent protection.
Format of a Patent Application The Specification. The Title. The Description. The Claims. The Drawings. The Abstract. Sample Specifications. Minimum Requirements for a Filing Date.