I recently agreed to contribute to the FORUM IP Talks, a weekly LinkedIn newsletter covering topics related to intellectual property (IP).
In this written interview with the FORUM Institute, I shared my insights on seven topics related to AI-Assisted Patent Drafting. Here is the first question I was asked:
“Martin, you have been dealing with AI-generated patent drafting for a while. When have you seen the real potential for making the lifes of patent attorneys easier? It would be great for the readers of the FORUM IP Talks to get an overview of the development of automated patent drafting.”
From Early Experiments to Modern Solutions
Yes, I have seen the evolution of AI-assisted patent drafting right under our noses. 13 years ago, I started programming a simple patent drafting tool based on Visual Basic and Excel. There are still traces from that time, such as a joint patent publication with TU Darmstadt. Although these tools were rudimentary, they laid the foundation for the more sophisticated automation technologies that followed.
The Impact of Transformer Technology
A major turning point came in 2019 with the introduction of transformer technology, which significantly improved the quality of text generation. We have organized the 1st World Robot Patent Drafting Symposium in the summer of 2022, and we have again left traces: there is a corresponding whitebook available on Amazon that documents the status quo at that time. The Large Language Models (LLMs) marked a new era in efficiency and accuracy, allowing for more complex and nuanced language generation in patent drafting.
Revolutionizing Patent Drafting with ChatGPT
The release of ChatGPT in late 2022 a short time after our Symposium further revolutionized the field, making advanced AI-driven patent drafting capabilities widely accessible. With this development, AI tools moved from niche applications to becoming an integral part of mainstream patent drafting processes.
Key Features of AI-Assisted Patent Tools
Today, AI tools have changed the patent drafting landscape by automating various aspects of the process. These systems can generate detailed figure descriptions from figures, support patent claims with precise benefits and technical effects, and retrieve background information such as technical definitions of claim features. They also excel at specialized functions such as translating patent applications and creating software patent flowcharts from patent claims. The benefits of these advances are profound. Tasks that once took hours or even days can now be completed in minutes. AI ensures consistency in terminology and technical descriptions, greatly reducing the risk of errors. Anyone who has ever written a patent application knows how frustrating it is to be interrupted by a phone call. These days are gone: new patent drafting tools provide the flexibility to allow interruptions in the drafting process without causing major setbacks, as structured workflows can be seamlessly resumed.
Future Innovations in AI for Patent Drafting
In the future, AI tools will continue to improve. They will increase the speed and accuracy of patent drafting. I am currently developing a solution to automate the creation of a support language for the patent claims. This support language helps to incorporate even arbitrary combinations of technical features from the description into the claims after filing a patent application, if necessary, addressing the European Patent Office (EPO) requirements for “intermediate generalizations”. In addition, better methods for converting U.S.-style patent applications into litigation-grade patents suitable for Unified Patent Court (UPC) litigation are expected soon. These are just two of the many improvements to come.