The recently published epi Guidelines on the “Use of Generative AI in the Work of Patent Attorneys” are to be welcomed. No doubt, the Guidelines will develop as the technology continues to mature into the future.
The Guidelines are both pragmatic and succinct. They set down “Overarching Principles” when using AI of any kind in professional work. For example, a European Attorney must adopt the highest possible standards of probity; must take all reasonable steps to maintain confidentiality when required; and must at all times put client’s interests first.
Specifically, the Attorney must, amongst other things:
- Actively ensure that they know the AI tool that you use, e.g. in terms of confidentiality.
- Robustly check the AI output for errors or omissions and for the likelihood of false outputs.
- If wanting to use an AI tool, ask the client for permission in advance.
It will be interesting to see how the use of AI develops and finds areas of adoption within the IP industry.
