Drafting patent applications can be an arduous task. The process often requires several interactions with inventors to extract enough information to start the process, and then begins the exercise of turning that information into a coherent and detailed ~30 page patent specification. This of course takes time (and sometimes more than the proposed/estimated fee for the draft would allow). For this reason, patent drafting is sometimes considered a loss leader by those in private practice. 

‍

From another perspective, the cost of engaging a patent attorney to draft a patent application can be a huge barrier to the uptake of IP, particularly for start-ups and SMEs. Registered IP rights can mean a great deal to these types of applicants, both in terms of carving out a slice of the market and attractiveness to potential investors. Drafting patent applications has thus historically presented a ‘problem’ to both patent attorneys and their would-be clients. 

‍

Artificial intelligence (AI) is changing the game in this regard. Forward-thinking attorneys that have already started utilising AI, and those using Solve Intelligence’s Patent Drafting Copilot have reported considerable improvements in their drafting practices. Such improvements are capable of tackling the drafting problem, providing benefits to both attorneys and their clients or companies alike. We’ve highlighted some of these improvements below.

‍

In today's interconnected world, patent protection across multiple jurisdictions has become increasingly important for businesses and inventors. However, the complexity and cost of patent translations have long been a significant barrier to international patent protection. The emergence of artificial intelligence (AI) technologies is changing this landscape, offering new possibilities for faster, more accurate, and more cost-effective patent translations.

Patent prosecution, the complex process of securing intellectual property rights, often involves numerous rounds of correspondence with the patent office. Each Office action response, claim amendment, and negotiation stage creates a detailed record known as the patent prosecution history. Reviewing this history provides insights into a patent’s evolution, critical claim interpretations, and the legal boundaries established through prosecution history estoppel. Given the intricate nature of patent documents and the potential volume of Office actions for complex patents, the review process can be time-consuming and labor-intensive.

‍

Artificial intelligence (AI) is transforming how we handle patent prosecution history analysis by automating key tasks, streamlining processes, and enhancing accuracy. In this article, we will explore the importance of reviewing patent prosecution histories, the benefits AI brings to this process, and how AI assists in claim interpretation, Office action responses, and broader prosecution management.

The unprecedented scale of content generated by AI presents an interesting challenge, in terms of prior art, to established patent law practice. With AI capable of autonomously producing technical content, future patent applications may face an unprecedented wave of AI-generated prior art disclosures that could be relevant in the assessment of novelty and nonobviousness (or inventive step). This article explores how AI-generated content may reshape how we consider prior art, and what might need to be done, as we navigate a new era of innovation influenced by machine-generated insights.

Recent comparative testing reveals that Solve Intelligence's Patent Drafting Copilot consistently outperforms GPT-4o in European patent claim drafting. Here we explore the technical and practical limitations of using GPT-4o for drafting claims suitable for European practice, and how using Solve’s Patent Drafting Copilot can deliver substantial improvements.

‍

Testing Methodology

‍

At Solve, we routinely run complex evaluations of our products and their ability to provide quality outputs against established benchmarks. This in turn allows us to iterate and improve on existing features and test new features, such that they perform to the high standard patent practitioners expect. 

‍

To illustrate the benefits of this approach, we conducted a test of our Patent Drafting Copilot, and specifically its ability to draft claims for a European patent application. We used the Patent Drafting Copilot to generate claims for the last 5 years of European Qualifying Examination (EQE) Paper A questions (2019-2024), and marked the independent claims according to the following criteria:

‍

• Clarity and conciseness
• Novelty and Inventive Step over the prior art provided in each paper
• Whether the essential features of the invention are included in the claims
• Whether unnecessary limitations have been avoided in the claims
• Compliance with European practice requirements

‍

The inputs we provided to the Patent Drafting Copilot included the invention disclosure and the prior art provided in each EQE paper, with no further instruction or input.

‍

For comparison, we provided GPT-4o with exactly the same information, as well as a simple prompt outlining the task of drafting European patent claims.

‍

Comparative Performance

The American Intellectual Property Law Association (AIPLA) has long been a leading force in advancing the practice of intellectual property law and is one of the most popular IP conferences. Numerous AI Patent Drafting Tools were present at AIPLA this year, showcasing a technological breakthrough that promises to reshape the way patent attorneys and intellectual property professionals work. As artificial intelligence (AI) finds applications in almost every industry, patent professionals are discovering how it can simplify the complexities of drafting patents and accelerate AI patent prosecution processes.

‍

In this article, we explore how drafting patents with AI is transforming the field, the tools available to attorneys, the benefits of AI-powered drafting solutions, and what the future might hold for intellectual property law.

Boosting patent drafting efficiency by 40-60%, Scale LLP uses Patent Copilot™ to enhance quality, streamline workflows, and more.

As the legal industry continues to evolve, staying ahead of the curve with the latest advancements in intellectual property (IP), legal technology, and artificial intelligence (AI) is crucial. Attending top-tier conferences not only helps legal professionals stay updated but also provides networking opportunities, insights into future trends, and the chance to meet industry leaders. Whether you're a seasoned attorney, a tech enthusiast, or someone navigating the complexities of IP law, these events are a must-attend in 2024 and 2025.

The United States Patent and Trademark Office (USPTO) has released updated guidance on patent subject matter eligibility. This update focuses on critical and emerging technologies, particularly artificial intelligence (AI). The new guidance aims to assist USPTO personnel and stakeholders in evaluating the subject matter eligibility of claims in patent applications and patents related to AI technology and inventions. Furthermore, it introduces new examples to help apply the USPTO's subject matter eligibility guidance during patent examination, appeal, and post-grant proceedings. The guidance also addresses stakeholder feedback and recent Federal Circuit decisions.

The integration of generative AI into the United States Patent and Trademark Office (USPTO) submission processes is reshaping the landscape of patent and trademark filings. This article provides an overview of all prior guidance from the USPTO on the use of AI and explores the multifaceted role of AI tools in enhancing efficiency, ensuring compliance, and navigating the complex legal and ethical landscapes of patent applications. From drafting patent applications to managing confidentiality and security, legal practitioners must adapt to maintain accuracy, inventorship integrity, and ethical standards in their submissions. Given the numerous practical applications and their benefits, generative AI is becoming an indispensable asset in legal practices, especially in interactions with the USPTO systems.

Stephen Hou, VP & COO of American Patent Agency and long-time customer of Solve Intelligence™, explores the impact of artificial intelligence on patent law, focusing on new regulations for AI patent drafting and AI inventorship across major global patent offices. Stephen describes how jurisdictions in the IP5 (China, Europe, Japan, Korea, and the United States) are updating their guidelines to address the challenges of AI in the patent process, specifically stating that AI cannot be an inventor but highlighting its role in aiding human-driven patentable innovations. This highlights the growing role of artificial intelligence in patent law.

‍

SSRN article: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4843648

Intel® Ignite announce that Solve Intelligence™ is among the 2024 Intel Ignite companies.

As Artificial Intelligence (AI) and large language models (LLMs) increasingly integrate into legal practices, the U.S. Patent and Trademark Office (USPTO) issued new guidance to assist patent attorneys and the public with its adoption, including the adoption of patent software and AI tools in assisting intellectual property attorneys with the patent drafting process, patent prosecution, and other areas of patent law.