Source OEPM
The Spanish Patent and Trademark Office (OEPM) has detected an increase in patent applications highly suspected of having been generated using Artificial Intelligence (AI) throughout 2026.
The use of artificial intelligence tools to generate and draft patent applications can entail the following risks:
Security risks for applicants using them in good faith. The use of these intelligent agents can easily lead to the leakage of information crucial to the granting of the patent. Once leaked, the application’s patentability could be compromised due to a loss of novelty, or the invention could even be preemptively patented by third parties.
Substantial defects and/or a lack of substantive content. Using such tools to draft application documents can result—despite an appearance of competence—in content inconsistencies, unclear descriptions of technical features, or a lack of substantive content, all of which prevent the granting of protection. In short, these are applications that fail to succeed.
Remember: AI is not a substitute for the inventor or for the inventive step, and it can compromise the invention’s novelty.
For these reasons, the OEPM calls upon users to exercise responsibility when using AI tools and to refrain from using them to produce hasty applications that compromise quality and fail to meet patentability criteria.
