Transform your invention disclosures using an AI assistant
This is what this article is about:
- Transform Invention Disclosures with AI: Explore how AI assistants can enhance the preparation of invention disclosures, making the process faster and more efficient.
- Role of AI in the Patent Process: Discover the benefits of using AI at the invention disclosure stage, rather than during patent drafting.
- Real-Life Examples: Learn from examples where AI has been used to generate invention disclosures, highlighting both the benefits and pitfalls.
- Practical Guidance: Gain insights into how inventors can effectively use AI assistants while ensuring data privacy and compliance with organizational policies.
- Common Pitfalls and Solutions: Understand common issues in invention disclosures and how AI can help address them, including adding context, refining technical language, and generating pseudo-claims.
- Tailored AI Prompts: Access practical prompts for using AI to improve the quality and completeness of invention disclosures.
- Additional Resources: Find links to further resources, including courses and books on protecting innovation and completing invention disclosures.
Numerous AI assistants are available to help patent attorneys draft patent applications more efficiently. But in my view, AI assistants have the potential to provide the most benefit earlier in the patent process, not in the hands of patent attorneys, but in the hands of inventors during the preparation of an invention disclosure.
As a patent attorney, on occasion I am Rumpelstiltskin and help magically spin a straw of an idea into a gold-like patent. But more frequently, I am a mere stonecutter, grinding down the rough edges, polishing the valuable gem of an invention so it shines more brilliantly. And what I start with is an invention disclosure.
This is the document where inventors document and communicate what their invention is. It may be used internally within an organization or by a patent attorney to evaluate the patentability and asses the commercial value of the invention and then to draft a patent application. I wonder how many meaningful patents have not been successfully pursued because an invention disclosure did not adequately communicate the invention and so a decision not to proceed was made. Yet, it can be a daunting task to complete an invention disclosure.
In today’s world, where do people turn when they need to write a document and it is a daunting task to do so? AI to the rescue! Today, inventors are using AI assistants for generating invention disclosures and have been at least since ChatGPT was released. I have seen invention disclosures where inventors clearly relied upon a Large Language Model (LLM) to assist them in completing a disclosure even though they don’t tell me they did. No doubt there are many inventors out there right now who have used or are planning to use ChatGPT or an equivalent in preparing their next invention disclosure.
Just last week a manufacturing company demonstrated this when they completed and returned an invention disclosure form within an hour. It was evident that they had used an AI assistant, as the document was filled with overly elaborate and repetitive descriptions. For instance, instead of describing a “switch”, the disclosure said, “the apparatus is equipped with a manually operated switch mechanism, designed to interrupt or redirect the flow of electrical current within the system, thereby enabling or disabling the functionality of the connected components.” It took a simple term and expanded it into a full paragraph. Seldom do patent attorneys complain about verbosity, usually we relish it! But this was entirely unnecessary!
Despite the verbose definition of “switch” and other common off-the-shelf components also described in excruciating detail, this was not the critical issue. The critical issue was what was missing from the description. The actual novel and inventive features were completely glossed over! General benefits of the product category were discussed but not the specific structure which made this invention unique!
Now in some ways, this was a positive indication for patentability of the invention in that the AI assistant did not recognize or understand the novel and inventive features. If the AI assistant was able to describe the invention in detail based on a barebones prompt, that might imply the invention is not patentable. But for documenting and communicating the invention, the innovative structure and features are most critical and need to be explained in the most detail.
In other instances, clients have been transparent about using AI assistants in preparing their invention disclosures. Just this week, a true visionary in his field sent me an invention disclosure saying:
“I put it in Chat to try and get a head start and frankly, think I made of mess of things on this”.
That’s an important data point. Even though an AI assistant can spew out lots of content which may appear superficially good, it may not actually be useful, as it may emphasize the wrong aspects and can, as we all know, make mistakes.
I know some inventors in corporate environments that absolutely dread writing up invention disclosures. When one already has a full plate, finding time to document inventions can be difficult. What’s more, their patent committee may decide not to pursue patents and so it may seem like time wasted. It can also be difficult, especially for those who have not been through the patent process at least a few times.
Other times I have reviewed invention disclosures and then interviewed the inventor, only to discover that there was actually a brilliant invention present, but it was not remotely evident from the written invention disclosure.
Many inventors struggle with completing invention disclosures meaningfully, which is unfortunate as a quality invention disclosure can make a significant difference enhancing the likelihood of obtaining a better patent search, a better patent application and ultimately a better patent at less cost. So much so that I created an online course and email mini-course on completing invention disclosures (links at the end) to try and provide some direction.
But like every other content creation task, what one should be asking is how can I use AI assistants to help me to provide a work product that is faster, cheaper, better — preferably all three. The focus here is on doing just that, after taking the necessary precautions, using AI assistants to generate better invention disclosures.
Take precautions
As with any use of an AI Assistant, you don’t want your confidential information to be made public. So, know your tool — and know what protections are present and what protections are not. This includes being mindful of whether information you provide as input to the AI or the output it provides is owned by you (or your employer) and whether it is used for training the AI. That means looking at Terms of Service and Privacy Policies. Statements like your data may be used to “provide, improve, and develop…products, services, and machine-learning technologies” would seem to contemplate that your data will be used for training and possibly more.
If you do not want your data to be used for training, then one solution is paying for a service which allows your data to be maintained as private. For example, if using ChatGPT, you may want to use ChatGPT Team (defaults to excluding chats from training) or ChatGPT Enterprise if you do not want OpenAI to train on your data. For a larger organization or a sufficiently tech savvy one, perhaps privacy is best ensured by deploying your own large language model on your own on-premises servers. Or one can develop a customized solution which leverages an API from a large language model provider which provides for more privacy. For example, OpenAI’s API does not train on data.
Does this always matter? Not necessarily. For example, in the U.S. you have one year to file a patent application after public disclosure. So sometimes (not usually recommended by patent attorneys), information about an invention is public prior to patent filing. In that type of situation, there is less risk of any harm of disclosure. But you should understand and weigh any risks beforehand and choose an approach consistent with the level of privacy you seek to maintain.
Stay compliant
If you are an inventor at a corporation or educational institution, your organization may have its own policies on what tools can be used in what circumstances and so you should check internally if you are unfamiliar with your organization’s policies and get clear guidance on what you can and cannot do with organizational owned information or intellectual property. Sometimes organizations decide that information submitted in an invention disclosure should not be patented but should be maintained as a trade secret. Of course, such information would end up not being so secret if a future version of a large language model is trained on your information. Always consult your organization’s legal or compliance department if you’re unsure about the use of AI tools with sensitive information and even if you think you are sure, check anyway as these policies continue to rapidly evolve.
Completing an invention disclosure
Before diving into specific ways an AI Assistant can help prepare an invention disclosure, let’s talk about completing an invention disclosure, key elements of the invention disclosure, and some common pitfalls.
Key elements of an invention disclosure
Invention disclosure forms can vary for a variety of reasons. There is basic information which is legally important including details on inventors (or potential inventors), public disclosures, government grants, and related information.
Then, there is substantive (from a technical point of view) questions about what problems the invention solves, and then details of how the solution is achieved. Usually, this involves a description of the specific structures and functions of the invention. Of particular interest here is any structures or features which are especially innovative and perhaps novel and inventive.
Common pitfalls in invention disclosures
Having reviewed thousands of invention disclosures, this is one area where invention disclosures often fall flat. Often times there is focus on the benefits of the invention but there is not enough focus on the specific structures and functions which provide the benefits and advantages. Describing more detail about the structures, the relationship between different components, and the relationships between the structures and functions provides a more complete invention disclosure which can lead to a higher quality evaluation of the invention and a higher quality patent application. Although this information may be filled in later either by a patent attorney’s knowledge or through discussions, having this information upfront will make for a more efficient process.
A second area where invention disclosures often are lacking is they do not provide enough context. Sometimes, inventors only provide the specific innovations without providing context. If the invention is a specific step within a manufacturing process, it may be useful to describe at least generally the steps before and after the new innovative step so that a better understanding is conveyed.
The context to be added is probably not new or inventive, on its own (which is sometimes inventors leave it out), but it helps add to the understanding of an invention by providing more background information. There have been times in my career where I have played the role of the helpful assistant. One highly prolific inventor I had the privilege of working with for many years would often create a new invention which he could convey to me in a single sentence. That’s all the disclosure I would need to draft a 20 plus page patent application, because we worked closely enough together that I already knew all the context and I could fill in all the necessary additional details.
But if I am working with a client for the first time and cannot read their mind, more context within an invention disclosure is necessary to understand the complete invention and its nuances.
A third frequent problem with invention disclosures is a lack of sufficient drawings, photographs or other visuals that show the invention. This is another area where invention disclosures can often be improved. If they do not contain enough visuals, it is difficult to communicate what the invention actually is and how it works. The specific type of visuals may depend upon the invention. For mechanical inventions, having CAD drawings (if available), photographs, or at least sketches of the essential components are useful and good drawings can make up for deficiencies in description of the invention. If you are describing a structure in your description, include it in a drawing and point out what exactly in the drawing is potentially new and innovative.
There are numerous other potential pitfalls in completing an invention disclosure, but that is enough to understand the basics before moving on to the best use of AI assistants in completing an invention disclosure.
Using AI
As a patent attorney and also an inventor who is reasonably familiar with large language models as evidenced by my book, Law Prompts: Large Language Models for Lawyers, my SaaS LawPromptAI (available for lawyers only, but already outdated!), and various papers, articles, and projects, (in addition to helping some very impressive clients in patenting their AI inventions) here are some of my thoughts regarding how inventors can better use AI assistants in creating invention disclosures.
Remember your role
Remember your role — you are the inventor! When using an AI Assistant to assist in writing an invention disclosure you should make sure there is a clear division of labor. You are the inventor. Therefore, you should primarily focus on the innovative features. You should first articulate the problem being solved and the inventive aspects and then rely on the AI Assistant to assist in generating a more complete and articulated invention disclosure. Remember your insights into the novel and inventive aspects of the invention are irreplaceable. While AI Assistants can be used to refine and expand upon your insights, they cannot replace them.
So, you need to articulate the inventive insights. You also need to drive the process to make sure the invention disclosure is complete. The completeness of the invention disclosure is not just about word count, it is about conveying what the invention is as best you can.
Your role should also include checking any AI-generated content to ensure it is correct and helpful to include in your invention disclosure.
Let your AI be a helpful assistant
Depending on the inventor and the invention and the documentation already existing there are many ways to expedite and improve the quality of the invention disclosure.
Summarizing additional disclosure
If you are starting with significant disclosure already such as a draft of an academic paper, a draft of a user’s manual, a draft of a software specification, a detailed slide deck, then certainly let your AI assistant summarize that information with focus on the innovative features. If you have sufficient existing material, you may be able to have your AI assistant generate a useful first draft of an invention disclosure based on your existing materials.
Often times, Inventors will complete invention disclosures by providing those materials with little but a “See attached” statement on the invention disclosure. I am super happy to have the materials, but those don’t necessarily speak to what the Inventor considers to be novel and inventive. So taking the time to summarize those materials using your AI assistant and confirming the summary to be accurate can streamline and improve the knowledge transfer process.
Adding context
One of the pitfalls of invention disclosures discussed earlier is lack of context. This is another area where your AI assistant can really shine! There are many ways context can be added whether it involves steps occurring before or after the novel one, a better understanding of the long-felt need in the industry, or discussion of conventional aspects about the existing product which the invention improves upon. Sometimes inventors forget just how knowledgeable they are about their field and adding some extra context helps the reader (including patent attorneys like me) get better calibrated, more quickly.
Standardized terminology
Another way that AI assistants can add to the quality of an invention disclosure is by identifying more accurate and common technical language to describe components or structures. Using this type of accurate and common technical language can lead to improved disclosure of the invention and less opportunity for misunderstanding.
Immediate feedback
Of course, receiving immediate feedback on an invention disclosure is helpful. For instance, using an AI assistant can help identify unclear or incomplete sections in an invention disclosure and provide suggestions to enhance its completeness.
Pseudo-claims
If you have worked with a patent attorney you know the name of the game is the claim! Generally, a claim is a single run-on sentence which usually includes the word “comprising:” followed by a number of structural elements or method steps separated by semi-colons. A claim needs to describe the invention in a way that includes features which are novel and inventive over any prior art (such as earlier patents, papers, products, etc.).
I don’t ask clients to write claims, but many (especially the prolific inventors) do write pseudo-claims which encompass features they want to claim in their patent application. Even though the claims may not be in the right format or use proper patent language, it can be useful for the inventor to convey what the specific features they consider inventive. An AI Assistant can be used to draft or enhance any pseudo-claims that an inventor includes in their invention disclosure.
Alternative structures
AI assistants can also be used to identify alternative structures which may be used. Often an invention disclosure may ask for any alternative embodiments. Once you have described a specific example of the invention, you can use an AI assistant to articulate various substitutions which can be made which provide the same result.
Search Terms
Another useful way to use AI assistants is to identify keywords or search terms. These may be used when conducting your own patent or literature search. Sometimes this information is requested on an invention disclosure to assist others who may perform a search.
Extra cautions in generating an invention disclosure
Of course, anytime you work with an AI assistant you need to check its output carefully and make sure it is accurate. Here are some common issues with using an AI assistant.
Be extra careful about asking the LLM to identify points of novelty and inventiveness. It will happily do that for you, and sometimes it be spot on, but it can also be very wrong. It also tends not to be sufficiently specific. Remember you are the inventor, not your AI Assistant so you may need to elaborate on some of these details yourself.
If you use an AI Assistant in generating an invention disclosure, you should let your patent attorney or whoever reads it know that you did. There may be inconsistencies or inaccuracies in the invention disclosure generated by the AI Assistant which you missed, which end up creating confusion.
Examples of prompts
Here are some examples of prompts which may be used when using AI Assistants to assist in completing invention disclosures.
Summarization Prompt:
Attached are documents describing my [insert description]. Please generate an invention disclosure based on this information. The invention disclosure should include the following: title, brief summary of the invention (including what problems are solved by the invention), detailed description of the invention, differences between the invention and prior solutions, and an identification and description of any figures in the attached document which would be most helpful in explaining the invention. The invention disclosure should further emphasize the novel and inventive features including any important structural features, functional features, or relationships between structural features.
Structural Elaboration Prompt:
Following is a brief description of my invention: [insert description]. Please elaborate on all of the structural features and their respective functions. Describe how each component interacts with others to achieve the overall functionality of the invention.
Contextual Background Prompt:
My invention involves a specific step in a manufacturing process. Provide a detailed description of the steps that typically occur before and after this step, explaining how my invention integrates into the overall process and enhances it.
Technical Language Refinement Prompt:
Here is a description of my invention: [insert description]. Identify and suggest more accurate and commonly used technical terminology for each component and process described to ensure clarity and precision.
Alternative Embodiments Prompt:
Describe alternative embodiments or configurations for my invention that achieve the same result. Consider different materials, dimensions, or arrangements that could be used while maintaining the core functionality.
Application Scenarios Prompt:
List and describe various use cases and scenarios where my invention could be applied. For each scenario, explain how the invention would function and the specific benefits it would provide in that context.
Novelty Comparison Prompt:
Compare my invention with existing technologies and solutions. Highlight the unique features and improvements my invention offers. Explain why these differences are significant and how they contribute to the overall advancement of the field.
Process Flow Description Prompt:
Provide a detailed process flow description of my invention. Include step-by-step instructions on how the invention is implemented or used, and describe the function of each step in the process.
Clarity and Completeness Check Prompt:
Here is my draft invention disclosure: [insert disclosure]. Review it for clarity and completeness. Identify any areas that are unclear or incomplete and provide suggestions on how to improve them.
Pseudo-Claim Drafting Prompt:
Based on the description of my invention: [insert description], draft pseudo-claims that outline the novel and inventive features. Ensure each pseudo-claim is structured to highlight the unique aspects and the intended scope of the invention.
Generate questions:
Based on the description of my invention provided above, what are the 5 most important questions my patent attorney John Goodhue will likely ask me in order to better understand the invention beyond what I have included in the description?
Every invention is different, and every inventor is different, so not all of these prompts will be relevant to your situation. However, just using these will help craft a better invention disclosure. So, if you are an inventor who is already using an AI assistant to help with your invention disclosure writing or you are thinking about it (after evaluating any privacy concerns and any organization compliance issues), I wish you continued success in your journey. I hope this has been helpful and that all your future inventions shine brightly!
In case you are looking for more guidance, here are some additional resources I have available to help inventors:
· Protectivity: Completing an Invention Disclosure course
· Completing an Invention Disclosure free 7-day mini-email course
DISCLAIMER: Although I provide information in this article, do not consider any information to be legal advice, advertising, or solicitation, and do not rely upon any information provided as information may not be correct or current or reflect your specific situation. Instead, consult with a competent attorney regarding legal implications, including risks and other legal issues associated with your specific use of AI and your specific invention in preparing any invention disclosure.
More about the author can be found at: www.goodhue.com
