Patent practitioners should use AI tools to assist rather than replace. Maintaining client confidentiality is crucial when utilizing AI-based tools to prevent disclosure of sensitive information.
The USPTO guidance emphasizes practitioners' duties of candor, good faith with the USPTO, and client confidentiality. AI tools should be used cautiously to avoid inadvertent disclosures.
AI systems might inadvertently disclose client-sensitive data when performing tasks like prior art searches. Practitioners must ensure data privacy is maintained to protect clients from potential harms.
The guidance warns that AI tools may use client information for training models and disclose it in outputs, requiring careful monitoring by practitioners to avoid confidentiality breaches.
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