NOT WRITTEN BY AI

Your Soon-to-be-Obsolete Guide to AI in the Patent World

The best advice I heard this year was “If you aren’t using AI for an hour a day, you’re making a big mistake”.  Maybe it was an hour a week.

Half my usage is getting Grok to answer questions for my kids.  Then they always want to ask his favorite food.  Kids love AI and seem to treat it like just another member of the Paw Patrol, a friendly helpful character.  This father gets only slightly insulted when the kids start asking for Grok instead of asking Dad first.

AI in Our Office

Earlier this year I had a big project.  Opposing counsel submitted seven 85-page documents each challenging one of seven related patents.  At a glance, I looked them over and thought they looked pretty much alike.  So (with client’s permission and all due precautions) I sent them all to Grok to read them and advise if they were pretty much copy-paste, and to flag any sections that were distinct in each one for greater focus.

What would have taken a team of lawyers hours or even days took moments, and gave useful direction.

But AI can be terrible at patents, too.  My son invented an improvement for one of those pencils with multi-colored lead that gives a different color depending on the angle (I won’t reveal the concept until the application is filed).  I wrote up the concept in a clear paragraph, and tested if Grok could draft a patent application.  It was utter junk.  Lots of nice words, nicely formatted, but it had no value at all, and would never support any real protection.  Worse, when I asked for specific drawing views, it gave hilariously useless images that had no relation to the idea.

Grok is fine for formatting.  I know some law offices tell their employees not to send anything that hasn’t been run through AI for flagging errors and inconsistencies to enable correction.  But they’re using an expensive internal system.  Here’s why.

 

How AI Can Kill Your Patent Rights

That alarmist headline is based on a legal theory that will be tested in the years ahead.  As you know, publicly disclosing your invention can have legal effects.  It may trigger an unforgiving one-year deadline to file your best patent application.  The unanswered question is whether sending your secret invention idea to Grok to help you write it up cleanly is a public disclosure.  Your secrets may well be learned by the AI, and used to advise others.  Is that a “publication” under patent statutes?  What about discovery?  Can a litigant demand that your search records be produced for a trial?  Possibly.  Time will tell but I guarantee that it will be argued by those accused of patent infringement by AI users.

Don’t forget trade secrets.  To maintain a secret, it must be properly kept as a secret.  Someone accused of stealing your secret might have a good defense if you had already blabbed it to Grok without suitable precautions.

Your $20/month subscription is not the same as secure in-house systems that do not send any information outward to the AI, but only use the tools internally.  Beware.

AI is tempting to use as a tool to relieve you of a big chore: writing up your own document as part of a provisional patent application we will review and inexpensively file for you.  Most tech people hate writing (I used to – ask me how I ended up writing for a living!)  So, AI seems like a godsend.  But it might trigger killer deadlines you don’t even know about.

We recognize that the perfect is the enemy of the good, and that delaying a filing might carry more risk than other types of risks (like revealing secrets to the AI models), so some will take one kind of risk over the other.  But it’s good to be informed.

 

We Know You’re Using AI

Seriously, until the last year, our clients never once sent us a perfectly formatted document with no typos or usage errors.  (We probably never created perfection either).  Your summary to us is glaringly obviously created by AI.  And what looks professional and “patent-y” to most people is sometimes unsuitable for the task, and may well hide or lose the important message that would have been there from a human writer.

With the uncertain legal times ahead, it’s our job to caution you not to use AI with your secrets unless you have a secure system and understand the details of that there could still be a risk your actions trigger a bar date for filing a patent application.  If it’s essential, limit it to the critical needs that would be impossible to solve otherwise, and know the risks.  If you have any setting in your AI system to deny your queries and creations from being learned by the AI system, then check that box and avoid the temptation to be “helpful” to the advancement of the technology.  When your patent is granted, your knowledge will reach the world and posterity quite effectively.

 

Our Favorite Use of AI For patents – Finding a specialist.

I asked Grok: I have a firearms invention and need to find a good patent attorney to help me protect it. How can I find a good one?

 

Grok Says This: (Abridged Here, Try It yourself)

Finding a strong patent attorney for a firearms invention is one of the most important steps you can take to protect your idea effectively. Firearms-related inventions (mechanisms, accessories, ammunition, safety features, etc.) benefit enormously from an attorney who truly understands the technical details, the competitive patent landscape in classes like USPTO Class 42, and the practical realities of the industry.

Patent law is federal, so you are not limited to attorneys in your state, but experience in this niche makes a big difference in the quality of claims, prior art analysis, and overall strategy.

  1. Start with the Official USPTO Roster (Non-Negotiable)

Only registered patent attorneys and agents can represent you before the U.S. Patent and Trademark Office for patent prosecution.

Use the free official search tool: https://oedci.uspto.gov/OEDCI/practitionerSearchEntry

  • Filter for practitioners currently accepting new clients.
  • Verify they are active and in good standing.
  • Cross-check their state bar status (if they are attorneys) through your state bar association website for any disciplinary issues.

This is the single most important filter.

  1. Prioritize True Specialization in Firearms or Closely Related Mechanical Arts

Not every patent attorney is a good fit. Look for those with:

  • A technical background (mechanical engineering is ideal for most firearms inventions).
  • Demonstrated experience prosecuting patents in the firearms, munitions, or tactical accessories space.
  • Understanding of how to draft claims that are broad enough to be valuable yet narrow enough to withstand examination and potential challenges.

Examples of attorneys/firms with a strong firearms focus (do your own current verification):

  • Ben Langlotz (“The Gun Patent Attorney”) — Long-time specialist who represents many well-known firearms companies. Dallas-area based (convenient if you’re in North Texas). He offers resources tailored to gun inventors and businesses….

You can find others by searching “firearms patent attorney,” “gun patent lawyer,” or “munitions patent prosecution.”

  1. Get Referrals from the Right People

This is often the highest-quality way to find good counsel:

  • Other inventors who have successfully patented firearms-related inventions.
  • Firearms manufacturers, accessory makers, or gunsmiths you respect.
  • Industry events (e.g., SHOT Show) or inventor groups.
  • LinkedIn outreach to people who list patents in similar technology areas.

Ask specifically: “Who handled your patent work, and would you recommend them for a similar invention?”

  1. Vet Candidates Thoroughly

Once you have a shortlist, interview 3–5 attorneys. Most offer an initial consultation (often free or low-cost).

Good questions to ask:

  • How many firearms-related patents have you prosecuted in the last 5–10 years?
  • Can you describe your approach to a mechanical invention like [brief non-confidential description]?
  • What is your process and typical timeline/cost for a utility patent (search + provisional + full application + prosecution)?
  • How do you handle prior art rejections common in this field?
  • Will you be the one personally working on my case?
  • Do you have experience with both utility and design patents (many firearms inventions benefit from both)?

 

Red flags:

  • No meaningful firearms or mechanical experience.
  • Promises of quick/easy approval or “guaranteed” patents.
  • High-pressure sales tactics or focus on expensive packages before understanding your invention.
  • Not registered with the USPTO.
  1. Practical Considerations
  • Cost: A provisional application (to secure an early filing date) is much cheaper and gives you a year to refine or seek funding.
  • Location: Not critical. Many excellent patent attorneys work nationally via video/email. However, having someone in or near Texas (like the Dallas-area specialist mentioned) can make initial meetings easier if you prefer in-person.
  • Patent Agent vs. Attorney: A registered patent agent can handle prosecution well and is often less expensive. Choose a full patent attorney if you also want advice on licensing, enforcement strategy, opinions, or potential litigation.
  • Timeline: Expect 2–4+ years for a utility patent to issue, with back-and-forth examination common.

Firearms-Specific Tips

  • File early — The U.S. is a first-to-file system. A provisional application is often a smart, lower-cost first step to lock in a filing date while you develop the invention further.
  • Prior art is dense in the firearms space. A good specialist will help you identify truly novel aspects and draft claims accordingly.
  • Patent protection is separate from ATF/regulatory compliance (NFA items, etc.). You may eventually need both, but start with patent counsel focused on IP.
  • Keep your invention confidential until you file (or at least until you have a provisional on file).

Recommended Next Steps

  1. Run a preliminary search yourself on Google Patents or the USPTO site for similar inventions.
  2. Use the USPTO practitioner search and Google to build a shortlist of 4–6 candidates with firearms experience.
  3. Schedule initial calls with 3+ of them.
  4. Document your invention thoroughly (dated notes, drawings, photos) but do not publicly disclose details before filing.

A good firearms-specialized patent attorney will not only help you get a strong patent but will also give you realistic expectations about scope, cost, and timeline.

This is general information based on publicly available resources and best practices — it is not legal advice. Every invention is different, and you should consult qualified professionals directly to discuss your specific situation and form an attorney-client relationship.

If you’d like help refining search strategies, preparing questions for consultations, or understanding the provisional vs. non-provisional process in more detail, feel free to provide more (non-confidential) context about the type of invention. Good luck protecting your idea!

 

Human Written

Have a great summer, and let us know if you have any questions that Grok can’t answer!

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About the Author: Ben Langlotz

Ben Langlotz is the nation’s leading firearms patent and trademark attorney, and the author of Bulletproof Firearms Business: The Legal Guide to Success Under Fire. He is trusted by more firearms industry companies than any other lawyer or law firm in the nation, and is consistently ranked at the top of all attorneys in securing gun patents and gun trademarks.