AI Disclosure Risk: Protect Your Invention Before Filing
Originally published July 13, 2023 by Pete Fenner — Updated for the new Search Real Fast platform
DO NOT use ChatGPT or another Generative AI service to edit your invention description before you file a patent application.
By NOT using generative AI services to edit your invention description before filing, you avoid possible self-publication or disclosure of that invention.
Why This Matters
Generative AI providers may use your input text and data to help train their Large Language Models. In the future, their service may produce part or all of your invention description as an answer to some other person's query.
US Courts have not yet definitively ruled on whether posting an invention description to a generative AI service amounts to public disclosure of prior art under US Patent Law. Until this is settled, the safest approach is to keep your invention description away from any AI service that may retain or train on your input.
The Legal Risk
According to the US Patent and Trademark Office's Manual of Patent Examining Procedure, a reference or document is considered to be a prior art publication if it is available and able to be located by an ordinarily skilled artisan.
The most serious risk of AI-assisted patent drafting is latent invalidation via premature self-publication or self-disclosure. Even if a service says it doesn't currently train on your input, policies can change, and data may be “accidentally regurgitated” in future responses.
This risk isn't limited to patent attorneys. Anyone—inventors, researchers, technology transfer officers—who posts an invention description into a generative AI service before filing may inadvertently disclose that invention publicly.
Who Is At Risk?
- Inventors drafting initial descriptions of their ideas
- Patent attorneys and agents using AI writing tools for claim drafting
- University researchers preparing invention disclosure forms
- Technology transfer officers evaluating commercialization potential
- Anyone who pastes unpublished technical descriptions into AI chatbots
The Safe Alternative
Search Real Fast is designed with this exact risk in mind:
Your Data Stays Private
Your submitted text is processed on our secure server and immediately discarded. No logs, no storage, no training.
AI Is Always Opt-In
We only use AI to summarize published patents and technical documents—never your unpublished invention text—unless you explicitly choose to.
NLP, Not LLM
Our core keyword extraction uses statistical NLP (chi-squared algorithm), not large language models. Your text is never sent to OpenAI for keyword analysis.
OpenAI API, Not ChatGPT
When you opt into AI features, we use the OpenAI API (not ChatGPT). OpenAI does not train on API data and retains it only temporarily for abuse monitoring.
Search patents safely—without risking disclosure
Start a free patent search with Search Real Fast. Your invention description stays private.
Start For FreeFurther Reading
- Security & Privacy at Search Real Fast — How we protect your data at every step
- Security & Access Policies — Our formal security and access policies
- Privacy Policy — How we collect, use, and protect your information