Own thinking.

Search

Find the right content for you

Filter search results
News Events

Home/News & Events

AI and Patent Drafting: Opportunity, Risk, and Responsibility

By Nick Davies, UK Chartered and European Patent Attorney, Stuart Greenwood, UK Chartered and European Patent Attorney & Faith Mason, Patent Paralegal on 

Steve Johnson Zpoodqc8ymw Unsplash

Large Language Models (LLMs) such as ChatGPT and Gemini are now part of everyday business. They generate content, analyse data, and even draft legal documents.

It is no surprise that clients ask whether they can draft patent applications too.

The short answer: AI is powerful. But it is not a substitute for a patent attorney.

Used correctly, LLMs can enhance efficiency and consistency. Used carelessly, they can create risk — commercial, legal, and reputational.

Our role is to ensure you benefit from the upside without exposing your business to the downside.

AI Is a Tool. Strategy Is Human.

LLMs can process language at scale. They recognise patterns. They reformat text. They check structure and consistency.

They do not understand your commercial objectives. They do not anticipate enforcement years down the line. They do not weigh litigation risk against filing scope.

Patent protection is not just about defining an invention. It is about positioning your technology for investment, growth, and defence.

That requires judgement.

Think of AI as an advanced instrument panel. The pilot is still essential.

The Real Risk: Confidentiality

When you use a public AI platform, you transmit information to a third party.

Depending on the provider’s terms, your data may be:

· stored

· reviewed for quality assurance

· used to train future models

· processed outside the UK

Once information leaves your control, the risk profile changes.

For patent matters, that risk is serious. Disclosure of inventive details before filing can undermine patentability. Even if the legal position regarding entering inventive details into AI tools is not fully tested, uncertainty alone can create problems later — particularly in due diligence or litigation.

There is also the risk of unintentionally transferring personal or sensitive commercial data across jurisdictions.

If confidentiality matters — and it almost always does — caution is essential.

The Accuracy Problem: Hallucinations

LLMs generate responses based on probability, not understanding.

They can produce text that appears authoritative but is factually wrong. This includes:

· incorrect technical descriptions

· misinterpretation of prior art

· fabricated case law

· inaccurate legal principles

In patent drafting, small errors can have long-term consequences. An unsupported statement or mischaracterised feature can narrow scope or weaken enforceability.

Errors in prosecution can enter the public record and remain there permanently.

AI output must always be reviewed by someone who understands both the technology and the law.

Why AI Alone Is Not Enough

A strong patent application requires:

· deep technical understanding

· alignment with your commercial goals

· detailed knowledge of UK, European and international legal frameworks

· foresight about examination, opposition, and enforcement

These decisions shape how investors view your IP. They influence valuation. They determine how defensible your market position becomes.

An AI system cannot make those strategic calls.

It can assist. It cannot lead.

Public vs Private AI Systems

There is an important distinction.

Public LLMs are convenient and fast. They offer limited control over data handling.

Private LLMs, deployed within secure infrastructure, offer greater control and customisation. They require investment and oversight but reduce confidentiality exposure.

For businesses serious about IP protection, this distinction matters.

We assess risk first. We implement tools second.

Our Approach: Controlled Innovation

AI will shape the future of professional services. Ignoring it is not an option.

But neither is blind adoption.

We use technology where it strengthens outcomes — improving consistency, checking structure, enhancing efficiency. Always under professional supervision. Always within secure parameters. Always aligned with your commercial objectives.

You receive the benefit of innovation without compromising protection.

That is the balance.

The Outcome for You

You want patents that:

· withstand scrutiny

· support investment

· deter competitors

· survive enforcement

You also want discretion.

We operate behind the scenes to secure your position while you focus on growth.

AI is part of our toolkit. Expertise remains the foundation.

At Wynne-Jones IP, your intellectual property is handled with strategic care, technical precision, and commercial awareness — supported by technology, directed by experience.

Because tools evolve. Protection should not weaken.