How Startups Can Use ChatGPT to Supercharge Their Patent Strategy
Startups move fast. And in the early stages, time and legal budgets are limited. But protecting innovation is critical—not just for long-term growth, but to attract investors and partners.
That’s where AI tools like ChatGPT come in.
AI + IP: A Powerful Combo for Startups
ChatGPT won’t replace your patent attorney (trust me, I’d know). But it can be a powerful assistant—helping founders and technical teams prepare materials, brainstorm claims, and better understand the patent process before looping in counsel.
Here’s how smart founders are using ChatGPT in the patent process:
1. Drafting Invention Disclosures Faster
Not sure how to describe your invention clearly? ChatGPT can help you:
Structure a technical write-up
Generate first drafts of invention disclosures
Translate engineering-speak into patentable language
This makes it easier for your patent lawyer to quickly understand your tech—and draft stronger claims.
2. Preliminary Prior Art Searches (with a Caveat)
While ChatGPT can’t access commercial patent databases, you can ask it to:
Explain existing technologies
Generate search keywords
Compare your idea with known concepts
It’s a helpful brainstorming step before you invest in a full search—but it’s not a replacement for tools like PatBase, Google Patents, or an attorney’s knockout or clearance search.
3. Preparing for Patent Strategy Meetings
ChatGPT can help you get more out of time with your patent lawyer by helping you:
Define key product features worth protecting
List questions to ask about international filing or licensing
Outline what you want in a provisional application
Startups that do this upfront come across as more prepared—and save time (and money) in legal strategy sessions.
4. Simplifying Patent Lingo for Your Team (and Investors)
Got a team of engineers or product leads who glaze over at legal language? You can ask ChatGPT to:
Translate complex patent office actions into plain English
Summarize key risks or office actions
Explain claim scope or term definitions for internal training
Bonus: You can also use it to explain your IP strategy to potential investors.
Real Talk: Strategy Can’t Be Automated
One of my startup clients recently used ChatGPT to help draft and file a provisional patent application—including detailed drawings—for a mechanical invention. They were impressed with how polished the output looked and how quickly they got it done. Frankly, it was pretty good.
But when I began working with them on the nonprovisional application, I quickly saw that while the claims were a good starting point, they were vulnerable to obviousness rejections. The invention involved combining known elements in a way that, on paper, seemed routine.
What was missing was the strategic argument for inventiveness—the “why” behind the combination. That only came out through a conversation. I had to ask follow-up questions, pull out the nuances, and uncover the real innovation that wasn’t obvious. That’s the kind of insight that comes from experience—and it’s the part no AI can replace.
Is ChatGPT Safe for Patents?
Yes—if you use it wisely.
Using ChatGPT does not count as a public disclosure under U.S. patent law as long as you don’t publish or share the conversation. However:
The free version of ChatGPT may use your inputs to improve the model
If you’re using ChatGPT Plus, you can disable training in Settings > Data Controls
ChatGPT is not attorney-client privileged, and it's not end-to-end encrypted
TL;DR: Don’t paste confidential, trade-secret, or unfiled inventions into any AI tool unless you’re sure it's protected or training is turned off.
Use AI to Get Ahead—But Don’t Go It Alone
Used thoughtfully, ChatGPT can help you:
Move faster in early patent planning
Communicate better with your legal team
Avoid overpaying for prep work you can do yourself
But for claim strategy, inventive step arguments, and responding to examiners, experience still matters.
If you're ready to build a patent strategy that’s investor-ready, I’d love to help. Let’s protect your innovation—and set you up for long-term success.
