Using AI for Prior Art and Patent Searching

AI as a search tool appears here to stay.

However, with where it is in the initial stages, there are some concerns that prior art searchers should be aware of when researching the patentability of a particular invention.

The first is the vulnerability of proprietary information being released to the public. There are no non-disclosure agreements built into AI search engines. Once you enter a search term into an artificial intelligence search, that information will most likely be catalogued and used for training. This then opens up the opportunity for your “secret” information to be disseminated to the public.

The second is the concept of hallucinations. Basically, this is information included in an AI response that is incorrect. An AI response is only as good as the information that it is being trained upon. Thus, if the information is limited or incorrect, you will not only receive non-relevant results, but results that ultimately could be harmful in regards to moving forward in the patent process (e.g. costly filing and attorney fees for filing of a patent application that may not be viable).

An additional consideration is how up-to-date the information AI search engines return information. Again, as AI search tools are trained on previously available data, it is possible that much of this data may be out-dated by months - or even years.

AI search is here to stay. It can be used as a valuable additional tool when researching whether or not a patent already exists in assisting in your determination as to whether or not to move forward in applying for a patent. Just understand the implications of utilizing such a tool.