A Measured Approach to Generative AI Tools For Intellectual Property Protection and Management
Written by Ben Esplin
While there is no doubt that generative AI will change the manner in which almost all aspects of the law are practiced, reports of the death of jobs in the patent industry due to AI tools are greatly exaggerated. Rather than spelling doom for patent professionals, AI tools are poised to bring the prospect of patent protection to “the masses” of technology entrepreneurs at a much earlier stage in corporate development than was possible previously.
Recently, the market has exploded with tools that leverage generative artificial intelligence for performing (or helping perform) various functions of an intellectual property lawyer. For example, I recently recycled a post by startup, Paximal, regarding their tool, Idea Clerk, which is an AI agent designed to help a lay person prepare a provisional patent application. While Paximal is the only tool I have seen with an agentic approach to patent application drafting (i.e., completely replacing the patent drafter), there are a variety of companies that offer AI copilot interfaces designed specifically to facilitate patent application drafting by a patent practitioner. Similar copilot interfaces exist for preparing responses to Official Actions from the Patent Office, and there are a variety of generative AI tools designed to help with everything from invention disclosure harvesting and preliminary patentability searching to (supposedly) advanced IP analytics designed to help companies understand the overall patent landscape, and how their portfolio, and the portfolios of competitors, fit within this landscape.
Some have questioned whether these generative AI tools are a "mass extinction” event for patent professionals, such as in this post on the popular intellectual property website IP Watchdog. In this way, it seems to some, the patent industry is no different than most fields of knowledge work, where predictions of human replacement abound in the present Hype Cycle for generative AI. However, the boom in the use of generative AI to write software code, the initial knowledge worker replacement project, has led to what some commentators have called a “crisis” of undue complexity and bug-ridden code. Similarly, the use of AI tools across industry has been labelled “work slop,” and is becoming a significant issue.
At Esplin & Associates, our practice is to employ artificial intelligence to make our work product better, not necessarily faster. We are also committed to partnering with clients who want to implement generative AI tools to obtain some intellectual property protection at a stage where traditionally it would simply be to expensive seek formal patent protection. For example, we work with early stage companies who cannot afford our work for a full patent application, drafted by a professional, to maximize the value they can derive from a DIY tool like Idea Clerk. In this way, we help startup companies get the most they can for their nascent IP budgets, and pave the way for a more mature intellectual property program once they have been able to demonstrate the value of the IP and raise funds.
If you would like to explore how we can partner with your company to maximize the value of your early-stage IP, with or without the use of generative AI, please reach out to schedule a free consultation.
