The Future of AI In Practicing Patent Law
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- Опубліковано 31 тра 2023
- How is AI currently being used in the practice of patent law and how will AI be used practicing patent law in the next 5-10 years? How will AI be used in the remediation industry? Opening presentation by patent attorney Dylan Adams From the 2023 Northwest Remediation Conference on May 2, 2023 - nwremediation.com/
Additional Patent Resources:
- My best-selling book, Patents Demystified: amzn.to/2MX5le9
- The top book on licensing your idea or invention: amzn.to/3tDLSib (One Simple Idea by Stephen Key)
- When to file a patent application: www.dwt.com/blogs/startup-law...
- Is software patentable: www.dwt.com/blogs/startup-law...
- My appearance on CNBC’s “The Profit” with Marcus Lemonis: www.cnbc.com/video/2019/11/08...
Gear Used to Make This Video:
Sony ZV1 Camera - amzn.to/3I1yNtB
**** DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. ***** - Наука та технологія
This video is fantastic! I wonder if examiners are starting to use some of the same tools to search for prior art and generate office actions, especially with the sheer number of applications they get each year.
Thanks! That’s a great question - I’m not sure about AI tools that examiners are or will be using. I’ll have to ask folks at my firm who were former examiners and try to slip the question in when I talk with and examiner.
It would be interesting to know the USPTO’s policy on using AI such as ChatGPT given the data privacy issues and given that examiners often are handling secret information. I could definitely see them using AI tools to improve search though.
Awesome video!
Thanks!
What programs do you use that you mentioned?
Given the pace of how fast AI products are evolving, I’ve switched what I’ve been using frequently to get access to the better products. I been using LLMs pretty much daily starting with ChatGPT then switched to Claude and recently switched back to ChatGPT when it upgraded. I played with image generation via DALL-E, but haven’t had the need to keep up on image generators since they don’t fit into my work or content creation at this point. I’m planning on playing with Dream Machine for video creation at some point soon - it looks pretty cool. What kind of program are you looking for or what are you looking to do?
Can we see lower patent attorney fees that's discouraging innovation?
Yes, AI will definitely speed up attorney time in drafting patent applications and help drive down patent costs. This will certainly help encourage more patent applications, which could also encourage more innovation in some fields and for certain inventors. For example, lower patent costs will make it more affordable for smaller inventors and startups to file patent applications.
Ohhh boy! How exciting is this? How do you think the USPTO will respond to the onslaught of AI generated Patents? Is it fair to pit AI against human Examiners? Do you think they will retstrict AIFilings? 🤔😎
Yea, it's pretty exciting - gonna change the whole patent landscape at some point. What will happen first is that drafting patent applications will become much faster for patent attorneys to do, and therefore cheaper, which will allow folks to file way more applications. At this point, what holds back most patent application filings is their absurdly high cost because of us patent attorneys. :) This is what will cause a huge increase in patent filings. Initially, it will just make the examination process take longer since the backlog of applications is already what makes it take 1-3 years before examination even starts. Ultimately the USPTO will just need to hire more examiners or find a way to make the process more efficient (maybe AI?).
I think the USPTO and the courts will effectively restrict AI filings in various ways for awhile. First, AI's will probably not be eligible to be named as inventors or Applicants, which will make it so they can't represent themselves as pro-se inventors or applicants. Also, I can't see USPTO letting AIs take the patent bar and be registered as patent agents or attorneys, which will make it so they can't represent applications before the USPTO either. That being said, I don't think, putting an AIs up against patent Examiners would be such a bad thing and might actually improve things if AIs do a good or better job. In the end, most Examiners want to allow cases, so it's not a matter of "fairness." Examiners are typically fine with being shown that they are wrong about stuff because then they can allow the case and get their points, so AI might actually make their job easier. Thanks for the great questions!
An AI cant claim a patent because any one could steal it because the patent owner can only sue over it and AI cant do that end of story.
That certainly could be a problem if an AI was named as the sole inventor on a patent application. It’s not clear at this point how an AI could have standing to sue. However, if an AI was able to be a co-inventor with one or more humans, the other inventors could assign their rights to a company or have individual standing to enforce the patent.