In the Legaltech News article “Reports of Death Greatly Exaggerated: Why Generative AI Is Powering, Not Pulverizing, Patent Prosecution,” Knobbe Martens partner Bryan McWhorter explores the impact of generative AI on patent prosecution and shares how intellectual property lawyers can effectively incorporate AI tools into their practice.
McWhorter argues that generative AI is not an “extinction-level event” for patent professionals, but rather a powerful tool that can “allow practitioners to spend more time doing what clients value the most.” He addresses concerns about AI replacing the role of patent prosecutors, noting that AI tools “do not substitute for keen legal analysis, and still require human oversight.” Rather, he maintains that these tools can automate more formulaic tasks that allow attorneys to focus on bringing more strategic value for their clients.
The article outlines a two-step framework for law firms to maximize efficiency using generative AI: first, understanding the tools end-to-end, and second, using these tools to deliver differentiated, higher-quality work. “A practitioner who uses AI to automate the repetitive can spend more time crafting stronger claims, ensuring better enablement, and aligning each application with broader business goals,” McWhorter writes. On the contrary, he notes, AI itself cannot navigate new technologies and complex legal landscapes.
McWhorter concludes that firms that successfully integrate AI tools into their patent prosecution practice will “strengthen—not replace—the human insight that makes great counsel indispensable.”
Read the full article here.
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