This is the first installment in a two-part series examining the implications of using generative artificial intelligence in the drafting and prosecution of patent applications. In this part, we address privilege and discovery risks that could arise when GAI tools are used in the patent-drafting process, and we identify targeted discovery strategies that patent litigators should consider when challenging patents that may have been drafted with GAI assistance.
This is the first installment in a two-part series examining the implications of using generative artificial intelligence in the drafting and prosecution of patent applications. In this part, we address privilege and discovery risks that could arise when GAI tools are used in the patent-drafting process, and we identify targeted discovery strategies that patent litigators should consider when challenging patents that may have been drafted with GAI assistance.
