When it comes to intellectual property, feeding information into unprotected AI constitutes disclosure. It instantly undermines the novelty requirement for filing a patent application and exposes the company to the risk of losing its strategic assets.
For example, in 2023, Samsung engineers shared confidential source code with an AI system to fix bugs. As a result, these trade secrets were incorporated into the tool’s training dataset and became part of the public domain*.
Used correctly, AI accelerates innovation. Among other things, it enables the analysis of large volumes of data, fosters creativity and aids decision-making. When used to support innovation, it can explore prior art, structure a technical description, or identify relevant progress. However, using AI carries risks. Submitting an unpatented innovation to AI constitutes public disclosure and jeopardises certain requirements for obtaining a patent. Entrusting patent application drafting to AI without expert human oversight is a major risk. It is also risky to assume that AI offers guarantees of security or confidentiality, or that it can carry out a realistic financial valuation study.
Use AI with caution and discernment.
Our advice: have your innovation protected by an IP Attorney before submitting any description to AI. Seek support from a valuation consultant to ensure the human oversight essential to the commercialisation of your assets. We will support you securely and confidentially to safeguard your innovations at every stage.
📩 Do you have an invention that needs protection or commercialisation? Contact us to speak with our experts. The initial consultation is free: https://www.brandon-ip.com/contact-en/
*The Samsung case is based on research conducted by AI. We accept no liability for the information in question. 🙂
