08/31/2026
We are seeing the first AI-drafted patent applications reach prosecution, and one defect keeps repeating.
Under 35 U.S.C. 132 you cannot add new matter after filing. Claims can be narrowed. The specification is the ceiling, and the ceiling is set the day you file.
AI writes fluently about the embodiment you described. It does not know what your competitor will ship in three years, so it does not describe the alternatives. You find that out when an examiner cites prior art and there is nothing in your own spec to fall back on.
Fixed-fee application review: https://www.lexigentllc.com/application-review
https://www.lexigentllc.com/application-review