Open Access Research Article

PATENT DRAFTING IN THE AGE OF GENERATIVE AI: FOUNDATIONS, COMPARATIVE REQUIREMENTS, AND THE PROBLEM OF HALLUCINATION

Author(s):
ISHAN ANAND ARUNDHATI KUMARI
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8
Download PDF Open PDF Citation Search Scholar

Abstract

Patent drafting is the stage at which an inventor's contribution is converted into a legal instrument and the quality of that instrument largely determines whether a patent can be granted, enforced and defended. This article examines the foundations of patent drafting: the historical development of the patent system, the comparative requirements for specifications and claims under the principal regimes (the United States, the European Patent Convention, the United Kingdom, China, India and the Patent Cooperation Treaty), and the anatomy of a well-constructed application. It then turns to the development that is now reshaping the discipline, namely the use of large language models to draft claims, specifications and prosecution responses. The article argues that generative AI leaves the substantive law of disclosure untouched but changes the economics and the failure modes of compliance. It develops a taxonomy of drafting hallucinations, maps each category onto existing doctrines (enablement, written description, sufficiency, added matter, definiteness, candour and inventorship), reviews the emerging technical research and regulatory guidance, and proposes a verification framework for AI-assisted drafting. A worked example in the annexes illustrates where unsupervised generation is most likely to fail. The article extends the author's earlier paper on the basics of patent drafting, published in this journal in May 2025.  

Published Paper

PDF Preview
Download Open

Author Details

Authors: ISHAN ANAND & ARUNDHATI KUMARIRegistration ID: 1013619 | Published Paper ID: IJLRA13619 & IJLRA13620Approved ISSN: 2582-6433 | Country: Delhi, India

Article Information

PATENT DRAFTING IN THE AGE OF GENERATIVE AI: FOUNDATIONS, COMPARATIVE REQUIREMENTS, AND THE PROBLEM OF HALLUCINATION

Authors: ISHAN ANAND, ARUNDHATI KUMARI

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 8
Citation Download Paper Full Details Search on Google Search on Google Scholar

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.

Creative Commons

Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.

Current Issue

Ethics and Policy

For Authors