Generative Artificial Intelligence (GenAI) in Patent and Trademark Agent Practices – Ethical and Practical Considerations

Patent agents and trademark agent practices lie at the intersection of innovation and law, and licensees regularly adopt innovative technologies where appropriate to competently and ethically serve clients. With the emergence of generative AI (GenAI), patent agents and trademark agents are once again considering the appropriate uses of new technologies. GenAI is a type of artificial intelligence that creates new content based on user “prompts”.  While GenAI can bring significant benefits, patent and trademark agents must consider whether, when and how to deploy such technologies with care considering their specific practice settings. This article introduces examples of GenAI early uses in practice, as well as ethical considerations and risks that should be considered by patent agents and trademark agents as a starting point for considering AI and GenAI use in practice.