Legal professions are considered to be stable and governed by long-standing traditions and professional conventions, many of which are not formally written.
The patent attorney profession is no exception. The long-standing traditions are generally rooted in the practice of the patent offices where the attorneys provide representation and in the general professional conventions in the geographical area where the attorneys reside.
Working internationally has made some long-standing traditions more uniform, such as courtesy formulas and the way issues are addressed.
There are two elements that are worrying for the future because they are shaking the foundation of the daily work of most patent attorneys.
The impact of AI assistants
The impact of using AI assistants with regard to assessing patentability criteria or drafting patent applications has been discussed in previous articles.
The use of AI assistants in regular correspondence between attorneys is harming the profession because it unnecessarily standardises the way the two parties address each other and it favours a superficial approach to the issues.
The impact of low-cost-driven forces
There is always an intent from some members of the profession – usually newcomers on the market, be it by age or by geographical location – to ‘bite’ from the market share of long-established firms. As long as this favours the applicants and the general public by obtaining better patents at lower costs, this is acceptable.
There is a trend of additional pressure on patent attorneys of long-established firms from some of the newcomers mainly using new technologies, who claim that they can carry out services such as drafting patents and providing representation before patent offices at very low costs.
The author is not convinced that these firms and individuals driving the costs to very low levels can carry out high-quality services because a good, experienced patent attorney needs time and resources to prepare.
Conclusion on the challenges
The use of AI assistants and the push for low-cost services negatively affect the patent attorney profession. And surely it negatively affects the quality of patents, which is not in the general interest of the public.
