06/02/2026
Be careful: your AI prompts might count as patent disclosures.
For inventors, R&D teams, and product developers, external AI tools can be useful for brainstorming, drafting, summarizing, and refining technical ideas, but entering unpublished invention details into an AI platform could create patent risk.
While U.S. law may offer a limited grace period for some inventor-originated disclosures, many countries apply stricter novelty rules, and disclosure before filing can jeopardize foreign patent rights. Enterprise AI tools may reduce risk, but they do not eliminate it. The contract, service tier, settings, and workflow all matter.
The safest rule remains the simplest one: file before disclosure. This should now be understood to cover AI prompts, uploads, pasted technical text, schematic descriptions, experimental results, draft claims, and any other information that could reveal the invention in enabling detail.
Companies seeking patent protection, particularly on a global scale, must incorporate AI usage into their invention disclosure and filing strategy from the start. Samantha Page, PhD, explains further in this Stites & Harbison Client Alert: https://www.stites.com/resources/client-alerts/patent-risks-of-using-ai-public-disclosure-concerns-for-inventors/