Avoid Self-Publication or Disclosure of an Invention – DO NOT use ChatGPT or another Generative AI service to edit you description before you file an application!
By NOT using ChatGPT or another Generative AI service to edit your Invention Description before you file a Patent Application for that Invention you will avoid possible Self-Publication or Disclosure of that Invention!
Why? Because a Generative AI provider may use your input Text and Data to help train their Large Language Models. In the future, their Generative AI service may produce part or all of your Invention Description as an answer to some other person’s query to their service.
US Courts have not yet ruled on a case where posting the description of an invention to a Generative AI service may amount to Public Disclosure of prior art under US Patent Law.
Be Safe – Use our Private & Secure Express-V4.5 Machine Learning and Document-Vector AI Patent Search powered by PQAI Application Programming Interfaces – APIs.
PQAI’s Vector-Document models are different from Large Language models because they train their Document-Vector models ONLY on USPTO Documents and Technical Publication, not user input text or data.
This January 2023 article in LAW360 points out the 5 Risks Patent Attorneys Face Over ChatGPT
1. Invalidating Self-Publication or Self-Disclosure of Invention
According to the U.S. Patent and Trademark Office’s Manual of Patent Examining Procedure, a reference or document is considered to be a prior art publication if it is available and able to be located by an ordinarily skilled artisan.[8]
The most serious risk of patent drafting tools is latent invalidation of a client’s patent or application via premature self-publication or self-disclosure.
Can another person access information you enter into an AI writing tool, like ChatGPT? As cybersecurity blog Deploying Securely points out, “although ChatGPT is not currently trained in real-time and it says it doesn’t store or train on questions you ask it … that could change in the future,” and ChatGPT may “[a]ccidentally regurgitate sensitive information,” which could be troublesome to patent applicants whose inventions were disclosed to ChatGPT.[9]
Patent lawyers do not want to use a tool, no matter how powerful, when the usage could somehow cause the invention to be disseminated and made available to the public, i.e., a prior art printed publication, or end up in another’s predated patent application.
Read more at: https://www.law360.com/articles/1568872/5-risks-patent-attorneys-face-over-chatgpt?copied=1
Public Disclosure of an Invention (or Trade Secret) is not just a PROBLEM for Patent Attorneys. Anyone including an inventor, researcher, or a Technology Transfer officer who posts the description of an Invention before filing a Patent Application for that Invention may inadvertently Publicly Disclose that Invention. If they post that description text into ChatGPT or any Generative AI service that may use your input text and data to further train their Large Language Models.
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