Modern Patent Application Preparation

 

The practice of patent law, specifically preparing patent applications and prosecuting

them before the US Patent & Trademark Office, has evolved dramatically over the past several

years. What was once viewed as purely bespoke work that could only be performed by a skilled

patent attorney is now being granularized, delegated, and automated. Natural language

processing (NLP), often driven by AI, is one of the most important technologies enabling a

cornucopia of new “PatentTech” tools. With patent application preparation, NLP and natural

language generation (NLG) can now be leveraged to generate substantial document portions

based on only a few pages written by a patent attorney.

It is not only technology driving these advancements, but really a perfect storm of industry

trends including rising annual patent filings, shrinking numbers in early-career patent

practitioners, and falling market rates for patent legal work. In this regard, patent prosecutors

commonly face budget pressures from their clients to produce patent applications at pricing that

remains unchanged for decades. PatentTech tools look to be a promising opportunity for patent

prosecutors to produce higher quality work product while lowering their cost, which is a win for

both the patent applicant and the patent prosecutors. PatentTech tools are not without their

drawbacks, but if they continue to evolve they will likely be a vital tool in the toolbelt of the

leading edge patent prosecutors who adopt them to produce better, faster, and less costly

results for their clients.