The rise of AI, particularly generative AI, is reshaping patent prosecution practices. Recent discussions highlight that AI should not be viewed solely as a competitor to patent attorneys but as a resource that can enhance efficiency and quality. While organizations like the EPO and UK’s IPReg are cautious about AI’s role, the USPTO’s AI Search Automated Pilot (ASAP!) program showcases AI’s potential for prior art searches. A recent webinar indicated that 52% of patent attorneys experimented with AI, yet concerns over accuracy (42%) and data privacy (19%) hinder broader adoption. Risks include confidentiality breaches when using public AI tools and hallucinations in AI-generated content, making expert oversight crucial. Strategic AI use can empower attorneys by automating basic tasks, aiding research, and enhancing document drafting, potentially attracting talent to forward-thinking firms. Despite its advantages, human expertise remains essential to mitigate risks and ensure high-quality outcomes in patent prosecution.
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