Patent Prosecution's Fatal Asteroid: Why Law Firms Shouldn't Wait for AI's Full Impact
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Patent Prosecution's Fatal Asteroid: Why Law Firms Shouldn't Wait for AI's Full Impact
"Given the recent proliferation of artificial intelligence (AI) patent drafting technology, some in the legal services industry are asking whether AI is the patent profession's "ultimate bad day,"on par with the dinosaurs' ultimate bad day posited by Nobel Prize-winning physicist Luis Alvarez in 1980. Like the asteroid thought to cause a mass extinction of the dinosaurs, will AI be a formidable impactor that renders patent prosecution an unprofitable practice area in law firms and alternative legal service providers (ALSPs)?"
"Although the future is still being written, even those who have just begun to dip their toes in AI patent drafting tools already have found valuable use cases and witnessed dramatic improvements in a short time. They also can envision a future state in which AI competently or even expertly can perform a considerable subset of prosecution tasks that are currently performed by patent practitioners and billed to clients at significant cost."
The proliferation of AI patent drafting technology raises concerns that AI could render patent prosecution unprofitable for law firms and alternative legal service providers. Like an asteroid impact, AI may be a formidable disruptor that could decimate patent prosecution as a viable career for some practitioners. Early adopters already report valuable use cases and rapid improvements, and foresee AI performing a considerable subset of prosecution tasks now billed at high cost. Corporate IP clients have constrained outside counsel spending and pursued insourcing and software adoption, increasing pressure on external providers. Law firms, ALSPs, and patent professionals must proactively adapt business models, adopt AI, specialize, and reskill to preserve client value and firm profitability.
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