Author: Eng. Giancarlo Belloni
Nowadays it is plain for all to see that Artificial Intelligence (AI) has earned a prominent role in everyday life. In the world of industrial property, this phenomenon has aroused interest and concern in various aspects, the most puzzling of which concerns inventions that could hypothetically be developed autonomously by AI. At present, this specific aspect seems more like theoretical speculation, while other aspects are decidedly more topical. For example, the use of AI as a tool in everyday professional activity is so topical that the EPI (Institute of Professional Representatives before the European Patent Office) felt it necessary to provide its members with some guidelines, adopted on 16 November 2024, which are briefly summarised below.
AI is changing the way patent attorneys work, bringing both exciting opportunities and some serious challenges. The EPI has put together these guidelines to help attorneys navigate the world of generative AI responsibly. The goal? Use AI wisely, protect client interests, and maintain high professional standards.
Why These Guidelines?
AI is already everywhere helping with translations, document reviews, and even drafting. But there’s a difference between non-generative AI (like spell checkers or translation tools) and generative AI (which creates content based on large data sets). While AI can save time and improve efficiency, it also comes with risks, like:
- Hallucinations – AI making up information that sounds convincing but is completely wrong.
- Confidentiality concerns – Sensitive data could end up in the wrong hands.
- Intellectual property issues – AI-generated content could unintentionally infringe copyrights or other rights.
The Big Rules to Follow
Here’s a breakdown of the key takeaways from the guidelines:
🔹 Stay Informed – Before using AI in your work, make sure you understand how it works and what its limitations are (especially the risk of hallucinations).
🔹 Protect Confidentiality – Not all AI models keep your data private. If there’s any doubt about how an AI tool handles sensitive client information, don’t use it.
🔹 You’re Still Responsible – No matter how much AI helps, the final work is still your responsibility. If AI makes a mistake, you can’t blame the tool—you need to check everything before submitting.
🔹 Check with Your Clients – Some clients may be okay with AI being used in their cases, while others may not. Always ask first and keep a record of their preferences.
🔹 Be Transparent (but Smart) About AI Use – You can mention AI use on websites or promotional materials but keep it truthful and professional. However, you’re not required to disclose AI use to the EPO (European Patent Office) or UPC (Unified Patent Court) unless the law specifically says so.
🔹 Keep Client Data Separate – If AI tools could potentially mix up client data, consider using separate accounts to keep everything clean and confidential.
🔹 Follow the Law – The European AI Act 2024 and other upcoming regulations will affect AI use in professional settings. Attorneys need to stay updated and follow any legal requirements.
🔹 Charge Fairly – AI might speed things up, but that doesn’t mean the work is free. Attorneys can still charge for AI-related costs (like software subscriptions, training, and time spent verifying AI-generated content), but fees should be fair and transparent.
Final Thoughts
AI is a powerful tool, but it’s not a replacement for expertise. These guidelines help patent attorneys use AI ethically and effectively, ensuring that clients get accurate, high-quality work while keeping confidentiality and professional responsibility at the forefront.
In observance of the spirit of transparency advocated by the EPI guidelines themselves, we would like to inform the reader that the above summary was carried out precisely by an AI tool, as was the image at the beginning of this article. In conclusion, AI may be useful, even to understand the risks associated with AI!