Artificial Intelligence

As AI becomes embedded in the ways evidence is generated, enhanced, analyzed and authenticated, the fight will be about the foundation. It will be about reliability, transparency, bias, and the ability to challenge what the machine did.

This is the second installment in a two-part series examining the implications of using generative artificial intelligence (GAI) in the drafting and prosecution of patent applications. In this part, we address the potential impact of drafting a patent application with a GAI tool, including potential invalidity challenges based on anticipation and written description. Thereafter, we offer practical guidance for patent prosecutors and inventors seeking to use GAI in their workflows.

AI-enabled and AI-first often describe the adoption of new technology, but they reveal very little about how the services are delivered or how they will produce better business outcomes for clients. Two firms may both claim to have AI built into their patent processes but operate in fundamentally different ways.

As digital assets become increasingly ingrained into financial systems, organizations will need to be vigilant and proactive. This will require leveraging innovative technologies, including solutions that combine AI and blockchain, to equip experts and investigators so they can more effectively prevent and enforce against advanced forms of crime.

Why advanced AI will change legal practice without making lawyers obsolete.The future value of lawyers will come less from generating first drafts and more from knowing how to choose, feed, test and deploy professional systems in a way that serves the client’s strategy.

Companies are no longer judging leaders on what they have already done. They are judging them on whether they can lead what is coming next. And what is coming next demands exactly the quality that defined the Oregon Trail generation: the ability to navigate genuine transformation, not just manage through disruption.

Before asking whether AI use is permissible, defensible or reliable, practitioners have to identify what function the system is supporting in the legal workflow. Treating all legal AI as a single category obscures the actual source of professional risk: not the existence of AI itself but the role the system plays in the provision of legal services.

Part One of a Two-Part ArticleThis is the first installment in a two-part series examining the implications of using generative artificial intelligence in the drafting and prosecution of patent applications. In this part, we address privilege and discovery risks that could arise when GAI tools are used in the patent-drafting process, and we identify targeted discovery strategies that patent litigators should consider when challenging patents that may have been drafted with GAI assistance.