“AI will never draft a patent document, particularly Claims that prevent potential infringement.”
“AI can't generate creative strategies covering all angles, nor adopt an infringer's perspective while drafting Claims.”
“AI excels in research but won't replace patent agents and attorneys.”
These arguments often discourage leveraging AI in IP documentation.
I agree that AI is far from replacing patent agents or attorneys, not because it can't, but due to the crucial trust and responsibility between inventors and human agents. This trust, essential for understanding the client's business, is beyond AI's capacity and likely will remain so.
How can GenAI be creative enough to preempt potential infringement?
The same way humans do: using context and experience.
Humans achieve this through contextual comprehension of the invention and its domains. Patent agents, through extensive experience in drafting workflows, understand which areas need protection in claims.
Engineering AI to emulate this requires imbuing it with sufficient context about the invention and related innovations, and providing historical data on the drafting process to replicate such strategies.
Creativity often combines previously unconnected abstract concepts. Thus, the question isn't whether AI will match a patent agent's creativity and experience, but how we can leverage its current capabilities for augmenting human expertise.
Advantages and disadvantages of having AI generated Claims.
In this section, we compare two sets of draft claims for an invention titled "A MODULAR SUSPENSION FRAME FOR A VEHICLE". One set of claims is from the actual documentation of the already granted claims, drafted by humans. The other set is an initial draft of claims generated using AI, given the same context of the invention disclosure available to humans for drafting the claims.
For the reference of the reader, given below are two figures of the invention out of the 6 given to both human and AI.
shows the tub frame with holes for connection with chassis and mounting brackets for upper and lower A-arms
shows the complete suspension assembly containing tub frame, mounting brackets, A-arms, damping mechanism, ball joints, knuckle and wheels in perspective view
Claims drafted by a Human
- A modular suspension frame (100) designed to couple with a vehicle's chassis (402), the frame (100) includes:
- A base (102) with a left end (102A) and a right end (102B);
- A left-side body (104) positioned on the left end (102A) of the base (102), comprising:
- A first left-side member (106) with a lower segment (106A) and an upper segment (106B) inclined at a predefined angle;
- A second left-side member (108) with a lower segment (108A) and an upper segment (108B) inclined at the same angle;
- A right-side body (110) positioned on the right end (102B) of the base (102), comprising:
- A first right-side member (112) with a lower segment (112A) and an upper segment (112B) inclined at a different predefined angle;
- A second right-side member (114) with a lower segment (114A) and an upper segment (114B) inclined at the same angle;
- A left mounting arm (116) connected to the left-side body (104);
- A right mounting arm (118) connected to the right-side body (110); The modular suspension frame (100) couples with the chassis (402) via the mounting arms (116, 118) using multiple fasteners.
The modular suspension frame (100) from claim 1, where each mounting arm (116, 118) is L-shaped with a horizontal plate (116A, 118A) and a vertical plate (116B, 118B) containing several holes, allowing coupling to the chassis (402) through these holes using fasteners.
The modular suspension frame (100) from claim 1, where the base (102) includes:
- At least two longitudinal members (120A, 120B) extending between the left and right ends (102A, 102B) of the base (102);
- A left lateral member (122A) on each longitudinal member towards the left end (102A);
- A right lateral member (122B) on each longitudinal member towards the right end (102B).
The modular suspension frame (100) from claim 3, where the left-side body (104) is positioned on the left end (102A) via the left lateral member (122A), and the right-side body (110) is positioned on the right end (102B) via the right lateral member (122B).
The modular suspension frame (100) from claim 3, where each of the first left-side member (106), the second left-side member (108), the first right-side member (112), the second right-side member (114), the longitudinal members (120A, 120B), the left lateral member (122A), and the right lateral member (122B) is tubular with a rectangular cross-section.
The modular suspension frame (100) from claim 1, further comprising clamps:
- First left lower clamp (124A) and second left lower clamp (124B) on the left lateral member (122A);
- First left upper clamp (124C) and second left upper clamp (124D) on the upper segments (106B, 108B) of the left-side members (106, 108);
- First right lower clamp (124E) and second right lower clamp (124F) on the right lateral member (122B);
- First right upper clamp (124G) and second right upper clamp (124H) on the upper segments (112B, 114B) of the right-side members (112, 114).
- The modular suspension frame (100) from claim 6, where:
- A left wishbone's lower arm couples via the left lower clamps (124A, 124B);
- A left wishbone's upper arm couples via the left upper clamps (124C, 124D);
- A right wishbone's lower arm couples via the right lower clamps (124E, 124F);
- A right wishbone's upper arm couples via the right upper clamps (124G, 124H).
- A vehicle (400) includes:
- A chassis (402);
- A modular suspension frame (100) coupled to the chassis (402), with:
- A base (102) having left (102A) and right (102B) ends;
- A left-side body (104) with a bend at a predefined angle on the left end (102A);
- A right-side body (110) with a bend at the same angle on the right end (102B);
- Left (116) and right (118) mounting arms connected to the left-side (104) and right-side (110) bodies, respectively, coupling the frame (100) to the chassis (402) with fasteners.
- The vehicle (400) from claim 8, where the base (102) includes:
- At least two longitudinal members (120A, 120B) extending between the left (102A) and right (102B) ends;
- A left lateral member (122A) on each longitudinal member towards the left end (102A);
- A right lateral member (122B) on each longitudinal member towards the right end (102B).
The left-side body (104) includes:
- A first left-side member (106) with lower (106A) and upper (106B) segments inclined at a predefined angle;
- A second left-side member (108) with lower (108A) and upper (108B) segments inclined at the same angle.
The right-side body (110) includes:
- A first right-side member (112) with lower (112A) and upper (112B) segments inclined at a different predefined angle;
- A second right-side member (114) with lower (114A) and upper (114B) segments inclined at the same angle.
- The vehicle (400) from claim 8, further includes left and right spring-over-damper shock absorbers (306A, 306B), each with two ends. The first end of each shock absorber couples to the modular suspension frame (100), and the second end couples to the left lower arm (302A) and right lower arm (302B), respectively, of the vehicle's suspension system.
Claims drafted using an PatentAssist.ai
A modular suspension frame (100) for a vehicle, the frame (100) comprising:
a base (102) having a left end (102A), a right end (102B), a front cross segment (102D) connecting the left end (102A) and the right end (102B), and a rear cross segment (102C) connecting the left end (102A) and the right end (102B);
a left side body (104) attached to the base (102), the left side body (104) having an upper segment (104B) and a lower segment (104A);
a right side body (110) attached to the base (102), the right side body (110) having an upper segment (110B) and a lower segment (110A);
a plurality of mounts (104C, 104E, 110C, 110D, 110E, 110F) defined on the left side body (104) and the right side body (110); and
a left chassis connection (105) configured to connect the frame (100) to a chassis of the vehicle at the left side body (104) and a right chassis connection (107) configured to connect the frame (100) to the chassis of the vehicle at the right side body (110);
wherein the plurality of mounts (104C, 104E, 110C, 110D, 110E, 110F) are configured to connect to suspension components including at least one of an upper suspension A-arm (201) and a lower suspension A-arm (202).
The modular suspension frame (100) as claimed in claim 1, wherein the base (102) comprises:
at least two longitudinal members (120A, 120B), extending between the left end (102A) and the right end (102B) of the base (102);
a left lateral member (122A) positioned on each of the at least two longitudinal members (120A, 120B) towards the left end (102A) of the base (102); and
a right lateral member (122B) positioned on each of the at least two longitudinal members (120A, 120B) towards the right end (102B) of the base (102).
The modular suspension frame (100) as claimed in claim 2, wherein the left chassis connection (105) is formed on the left lateral member (122A), and the right chassis connection (107) is formed on the right lateral member (122B).
The modular suspension frame (100) as claimed in claim 1, further comprising:
an upper suspension A-arm (201) connected to the plurality of mounts (104C, 104E, 110C, 110D, 110E, 110F) on one of the left side body (104) and the right side body (110);
a lower suspension A-arm (202) connected to the plurality of mounts (104C, 104E, 110C, 110D, 110E, 110F) on one of the left side body (104) and the right side body (110); and
a knuckle (210) connected to the upper suspension A-arm (201) and the lower suspension A-arm (202) via an upper ball joint (203A) and a lower ball joint (203B), respectively.
The modular suspension frame (100) as claimed in claim 4, further comprising:
- a spring assembly (204) positioned between one of the upper suspension A-arm (201) and the lower suspension A-arm (202) and one of the left side body (104) and the right side body (110).
The modular suspension frame (100) as claimed in claim 1, wherein the left chassis connection (105) and the right chassis connection (107) are configured to be at least one of bolted or otherwise securably fastened to the chassis of the vehicle.
The modular suspension frame (100) as claimed in claim 1, wherein the frame (100) is formed from a material selected from a group consisting of aluminum alloy, steel alloys, and combinations thereof.
The modular suspension frame (100) as claimed in claim 1, wherein the plurality of mounts (104C, 104E, 110C, 110D, 110E, 110F) are configured to adjust at least one of a camber angle, a caster angle, a scrub radius, a toe angle, and a roll center position of a wheel assembly of the vehicle.
A method for assembling a modular suspension frame (100) on a vehicle, the method comprising:
providing a base (102) having a left end (102A), a right end (102B), a front cross segment (102D), and a rear cross segment (102C);
attaching a left side body (104) to the base (102);
attaching a right side body (110) to the base (102);
connecting the frame (100) to a chassis of the vehicle using a left chassis connection (105) at the left side body (104) and a right chassis connection (107) at the right side body (110); and
connecting suspension components to a plurality of mounts (104C, 104E, 110C, 110D, 110E, 110F) defined on the left side body (104) and the right side body (110).
Key features
Exhaustiveness and Explanatory Nature
Human: More exhaustive and explanatory
AI: Less explanatory
Detailing of Dependent Claims
Human: More detailed dependent claims
AI: Lesser detailed dependent claims
Scope and Precision
Human: More broad in some sections and narrow in others
AI: Narrow across
Clarity and Ambiguity
Human: Lesser clarity
AI: More clarity and very less ambiguity
Error and Adherence to Best Practices
Human: Room for human error and less adherence to best practices for the legal language
AI: Better structure and adherence to legal language
Antecedent Basis
Human: Loss of antecedent basis at some places
AI: Adherence to antecedent basis
Explanation of Novelty
Human: Explains the novelty in a well manner and strategic way
AI: Explains the novelty of the invention in a well-strategic manner for potential infringement
Conclusion
Human claims tend to be more exhaustive and explanatory than AI claims in some areas, while also being very specific in others. They handle the balance between breadth and narrowness more effectively than AI claims. For instance, specifying 'light commercial vehicle' instead of just 'vehicle' showcases human claims' ability to set the scope of a claim based on context.
AI follows textbook guidelines coherently, such as using consistent terminology in drafting claims, use of antecedant basis and avoiding the use of indefinite terms. However, these attributes are sometimes missed in human claims.
AI claims are consistently specific, leaving no room for ambiguity. This is a positive aspect, but it also restricts the breadth of AI claims.
AI often lacks an understanding of what details should be included in dependent claims to support the independent claims or to explain the functionality or further scope of the components claimed in the independent claim.
Human claims are not only more exhaustive and explanatory than AI claims in some areas, but they also break down the invention into multiple embodiments. This makes safeguarding the invention more strategic, as it opens the scope of infringement to future inventions. The mention of 'light commercial vehicle' instead of just 'vehicle' in human claims further demonstrates that AI does not inherently understand how broad to make the claims, and instead picks up hints from the context of the IDF given for how broad the claims need to be.
Responsible use of AI for Claims Drafting
Rating the claims made by AI in comparison to those drafted by humans for this well-written patent draft is very subjective. It largely depends on the drafting style of the patent agent or attorney, as they will have their own preferences. Personally, I believe the AI-generated claims are already at 70-80 percent of the level of the human-generated claims in this case.
While the claims generated by our model at PatentAssist.ai are not final and cannot be directly submitted to the filing office without review, it's important to remember that they were generated with no manual effort and in under five minutes. A patent agent who has access to these AI-generated claims already has a blueprint to work upon and only needs to edit, modify, and improve the claims for a more exhaustive approach or to generalize them and make them broader.
The speed to reach the optimal stage of patent drafting, which maximizes the safeguarding of the invention, is much quicker using AI. It also results in well-structured and formal legal language. Tools like PatentAssist.ai make this process faster for claim drafting.