
AI tools in patent law: challenging misconceptions
Good morning from ClaimWise! As an AI startup in the patent space, we have the privilege of speaking with patent lawyers every day. These are some of the sharpest minds in the industry—masters of language, engineering, and law. Yet, when it comes to embracing AI in their practice, many have reservations. Like any new technology, AI is met with a mix of curiosity, caution, and outright skepticism.
Some lawyers feel their manual processes work just fine and see no need for AI. Others are frustrated with past experiences, citing tools like ChatGPT as too inaccurate for their complex work. Concerns about confidentiality also loom large, with some firms avoiding AI entirely for fear of exposing sensitive data. And even among those who have tried AI, some feel the effort of correcting its output outweighs the time saved.
These concerns are valid, but they don’t tell the full story. Just as past innovations like computers and email transformed the profession, AI has the potential to do the same—if we approach it with the right mindset and tools. In this article, I’ll address these common objections and show why AI is not just a trend, but an essential part of the future of intellectual property law.
Just like humans, AI needs enough context to perform properly
"I have years of legal experience and the AI tools I have previously used gave me loads of errors"
The human mind is capable of processing only a limited number of textual relationships at a time, whereas AI models are trained on billions of parameters, allowing them to analyze far more context and complexity. Similarly, Large Language Models (LLMs) used in patent law can process vast amounts of legal and technical data to identify connections and insights that would take even the most experienced attorney hours to uncover.
One of the reasons earlier AI tools may have fallen short for patent lawyers is the quality and length of the prompts provided. Like humans, AI thrives on detailed context. Consider these two examples:
Version 1: "Is claim 1 inventive over D1 & D2?"
Version 2: "I am a patent attorney with 30 years of experience looking to rebut an EPO examiner's argument that claim 1 of the patent application I submitted lacks an inventive step in light of D1 and D2. Following the Pozzoli test requirements, the examiner identifies the person skilled in the art as a PhD in electromechanical engineering with common general knowledge as defined in the attached document. The inventive concept of the claim is X and the examiner argues that the differences between several steps cited in D1 & D2 and the inventive concept would have been obvious to a POSA. Please rebut the examiner's argument in the same format as the attached office action."
The difference is obvious. While the first prompt is vague and open to interpretation, the second provides more context and allows both humans and AI to craft a precise, tailored response. AI doesn't operate in a vacuum; it requires the same level of detail and framing that you would provide to a junior associate.
The traditional, psychological inertia to adopting new technologies has consistently been proven wrong over time
"I'm fine with the old ways and I don't really need it in my practice"
The idea that "I'm fine with the old ways" has been a common response to innovation throughout history. Consider the introduction of computers. In the 1980s, many industries believed they didn’t need to move away from paper. But as Apple and others popularized personal computers, businesses that adapted early gained an edge in efficiency and data management, while companies stuck in the paper era struggled to keep up. The paper industry’s decline was not just about changing mediums but about resisting an inevitable shift that competitors were already capitalizing on.
The same principle applies to AI in patent law today. While it might feel familiar to manually review prior art documents, highlight passages, copy-paste text into spreadsheets, and draft responses to office actions in MS Office, the reality is that competitors using AI are doing it faster, more accurately, and at a higher volume. Clients who have integrated AI tools like ClaimWise into their IP workflows are already seeing significant advantages in efficiency and output. If your direct competitors are using AI to streamline the same work you do, it’s clear this technology isn’t just a passing trend—it’s quickly becoming essential. As history has shown, those who resist change risk falling behind while others move ahead.
AI tools are safer than an email inbox
"It's our firm's policy to stay away from AI for confidentiality reasons"
Confidentiality is a top concern for patent lawyers, and rightly so. Many firms hesitate to adopt AI, citing policies against exposing sensitive client data. But the reality is that leading AI providers often offer far better security than the average lawyer’s inbox. For example, platforms like Amazon Web Services (AWS) are equipped with world-class infrastructure, compliant with ISO 27001 and SOC 2 Type 2 standards. These certifications ensure that data is encrypted, access is tightly controlled, and systems are continuously monitored for potential threats. Unlike email, which is prone to phishing attacks, accidental leaks, and unsecured attachments, AI systems are designed with security at their core, giving you confidence that your clients' information is well-protected.
Many AI providers also go a step further, offering private cloud or on-premises solutions that keep sensitive data entirely within your organization’s environment. This level of control means you don’t just meet confidentiality requirements—you exceed them. By using AI tools with these safeguards, firms can confidently handle client data and benefit from the efficiency and accuracy AI provides.
Conclusion
AI is becoming a practical and valuable tool in patent law, addressing common challenges like efficiency, accuracy, and data management. While concerns about accuracy, confidentiality, and the effort needed to implement AI are understandable, the technology has advanced significantly and is designed to work alongside legal expertise—not replace it.
Firms that adopt AI tools like ClaimWise are already seeing benefits in faster workflows and more precise results. With strong security measures such as ISO certifications and private cloud options, AI tools also provide a secure way to manage sensitive client data. As the legal landscape evolves, integrating AI is becoming less about experimentation and more about staying competitive in a changing field.