AI is already integrated into several aspects of the in-house IP attorney’s role. For example, in-house counsel are using AI to:
- Automate administrative tasks like processing PTO documents
- Utilize image recognition for trademark searches and anticounterfeiting efforts
- Summarize patent and agreement details, assist with new invention submissions, and generate reports through AI tools
- Conduct patent searches and manage classification within patent portfolios
- Support e-discovery and litigation efforts
Emerging large language models with user-friendly interfaces are expanding AI’s reach into more substantive legal tasks, including:
- Drafting patents
- Preparing responses to office actions
- Drafting oppositions
- Creating patent/product claim charts
These more complex applications are causing concern among law firm attorneys, who worry that AI could further commoditize patent prosecution work. However, for in-house counsel, these tools present an opportunity to do more with fewer resources—an increasingly vital advantage as companies demand greater returns on IP investments while imposing tighter budget constraints.
While these advancements are promising, attorneys must exercise caution. The USPTO has issued guidelines warning of the risks associated with AI, urging lawyers to review and verify AI-generated documents to ensure compliance with legal standards. This is particularly important given the potential for AI "hallucinations," where the technology fabricates information, and the ongoing need to address privacy concerns by ensuring AI only processes public data.
Ethical considerations are also paramount. The American Bar Association recently emphasized that lawyers must uphold their ethical obligations when using AI, including maintaining competent representation, protecting client information, and ensuring transparency.