“Although AI cannot fully manage the strategic management of IP portfolios, many of today’s AI tools can maximize efficiency in creating and maintaining a company’s portfolio.”
3D rendering of Android searching for documents
There is no doubt that artificial intelligence (AI) has revolutionized intellectual property law and strategy. Most companies and lawyers are aware of the current precarious legal situation related to intellectual property inventor laws, i.e., inventions and works created through AI are subject to patent and copyright protection, as the case may be. I am well aware that sometimes I am covered and sometimes I am not. But AI is already, and will continue to change, quietly in the background how IP portfolios are created and managed. Here are five key ways AI is changing the way companies treat his IP portfolio.
1. Simplification of prior art search
Companies with patent portfolios often need to understand the state of the prior art. Whether evaluating whether a new product is patentable, assessing the risks associated with a competitor’s portfolio, or responding to an infringement claim, companies (and the law firms representing them) It is often necessary to understand the prior art in the field of This information is often needed quickly to address ongoing business or legal matters.
As most attorneys know, there are a wealth of prior art search firms around the world that can conduct prior art searches. But AI technology is beginning to disrupt this practice, allowing lawyers and companies to conduct these investigations in-house. AI makes traditional search results faster and easier than ever before. For example, Relativity (better known for its document review platform) created Relativity Patents, a platform that uses the power of AI to perform prior art searches simply by entering an existing patent number or a few keywords. Did.
Even the United States Patent and Trademark Office (USPTO) is using AI for prior art searches. The company has developed an AI tool for examiners to conduct prior art searches. It is designed to improve the accuracy and efficiency of examiners who must comb through mountains of prior art during application prosecution.
In short, AI has changed the face of prior art searches, whether in the context of patent filings or defending against infringement claims.
2. Preparation of patent application
No wonder inventors have started experimenting with using AI to draft patent claims and patent applications. There are various companies with AI technology that claim to automate certain functions of patent drafting. And of course, you can ask ChatGPT to draft your patent application. However, while saving time and money for inventors by using AI to draft patent applications may be an attractive proposition, there are also concerns that the efficiencies achieved may be outweighed. I have. As a preliminary matter, ChatGPT is not sensitive, so using it may trigger time bar limitations that may not otherwise exist. Additionally, the quality of AI-generated applications must be thoroughly scrutinized by attorneys before submission. This can negate the initial time and cost savings (or create more work). Most practitioners have heard of AI making false citations in legal briefs. The same concerns exist when using AI to draft patent applications. Use caution when drafting patent applications using AI.
3. Improving Trademark Enforcement Ability
AI is somewhat less discussed in the context of trademarks, as trademark law does not have the same inventor/author requirements as patent and copyright law. Nevertheless, AI is also permeating the world of trademarks. Companies and their attorneys have been using his AI to monitor potentially infringing and counterfeit products for years. Given the large number of unauthorized sellers, online sellers, websites, and social media, this process can be very labor intensive to perform manually. AI is well suited to manage the task of reviewing posts and identifying trademark infringements in significantly less time than a human would. Using AI to monitor trademark infringement has freed up personnel to focus on other tasks related to trademark enforcement, making the entire process more efficient and effective.
4. Trademark application and examination assistance
AI is also making inroads into trademark law as it is used to evaluate potential trademarks. Many jurisdictions, including the US, Australia, China, and the EU, are developing AI programs to help trademark applicants and examiners evaluate existing trademarks. The World Intellectual Property Organization (WIPO) has identified a number of such efforts in the trademark field. These AI programs include search capabilities for applicants for both word and image marks, turning what was once a labor-intensive manual process into a faster and more efficient search of today’s registrations. change again. Companies can save time and money on brand protection strategies by being able to evaluate relevant marks more quickly.
5. Support for strategic patent portfolio management
AI can also be used to assist portfolio management. Effectively managing a portfolio is often labor-intensive, including evaluating patent portfolio content, assessing coverage, identifying areas of weak coverage, and sometimes comparing your own portfolio to that of your competitors. process is required. In addition, companies may ‘pruning’ their portfolios to determine which patents are worth continuing to maintain and which are not, or to consider the value of patents, either as a whole or individual patents within them. You may want to rate it. potential takeover target. Doing this process with hundreds or thousands of patents can be very difficult. A product is also available that facilitates the use of AI to evaluate and rank patents based on their importance to the enterprise. While this kind of AI tool is not a perfect replacement for business strategy assessments, it can greatly reduce the human effort required to conduct such assessments, allowing companies to more efficiently and systematically meet their strategic goals. You will be able to concentrate.
don’t be left behind
AI is already changing the way IP portfolios are created and managed. Although AI cannot fully manage the strategic management of IP portfolios, many of the current AI tools can maximize the efficiency of creating and maintaining a company’s portfolio. Businesses should stay up-to-date on the latest technological advancements in this area and consider how they can help move their business forward.
