Prompting and Patents: What to Know Before You Ask AI
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AI can now produce something that very much *looks* like a patent application. It can be long. It can be technical. It can have claims. It can use many of the right-sounding words in approximately the right-sounding places. But does it actually protect your invention? And that distinction—between something that looks impressive and something that creates a durable legal asset — is everything to an inventor hoping to reliably protect their innovation. From a subtle word-choice mistake to a major hallucination, even the smallest details can lead to unintended, fatal consequences for intellectual property rights. And as anyone who uses AI regularly knows, the dangerous part is when it gives you output that is 90 percent convincing. AI can be extraordinarily persuasive while being extraordinarily wrong.
Over this past year, our firm has seen a major uptick in inventor use of AI to brainstorm ideas, organize invention disclosures, search for prior art, analyze office actions, and—in some cases—draft entire patent applications. And why wouldn’t the pioneers and professionals at the forefront of science and technology be using every tool at their disposal for technological and economic advantage? We strongly believe that for both practitioners and inventors, AI offers many compelling, cost-effective uses that should culminate in more robust IP rights. But like with many things at the intersection of technology and law, absolutes are perilous, and the devil hides in the details.
** Episode Overview **
To help cut through the uncertainty and get to the most effective and responsible use of AI possible, Dr. Ashley Sloat, leads a discussion with a panel of expert patent practitioners exploring where AI is genuinely helping in patent drafting and prosecution, where they’re seeing it go wrong, the surprising ways it can actually increase legal costs, what recent court decisions may mean for confidential information, and some practical guardrails for inventors who want the benefits of AI without inadvertently undermining the very intellectual property they’re trying to protect.
** Mossoff Minute: USPTO Report on Impact of IP-intensive industries **
In this month's Mossoff Minute, Professor Adam Mossoff discusses a report recently published by the USPTO with data that highlights the importance and impact of IP-intensive industries on the US economy.
** Links Mentioned **
⦿ Patent Docketing Specialist job application: https://www.aurorapatents.com/careers-patent-docketing-specialist.html
⦿ Generative AI Tools for Patent Drafting white paper: https://www.reuters.com/practical-law-the-journal/transactional/evaluating-generative-ai-tools-patent-drafting-2026-03-01/
⦿ Aurora's client FAQ for using AI for patent drafting and prosecution: https://www.aurorapatents.com/client-use-of-ai-faq.html.
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Let us know what you think about this episode!