Comment by BubbleRings
1 month ago
If a competitor to your business discovers that you used a free online AI to help draft your patent 1.5 years ago, that competitor could then cause your patent to be invalidated, which could be greatly to their benefit of course.
The Terms of Service (ToS) for Open/Public AI (e.g., free consumer versions of ChatGPT, Gemini, Claude) often reserve the right to store your prompts and use them to train and refine the model.
Doing an enabling disclosure of your patent draft to another party that is not bound by a non-disclosure agreement is a big mistake, at least while the case law has not yet been settled.
My post was meant to be encouraging to people that might be considering local LLM for this specific use case, where protecting confidential information is of particular importance.
1. This absolutely wouldn't count as disclosure under the eye of the law.
2. ZDR + frontier LLMs would still be far more effective than local LLMs.
3. By your logic you can't upload patent drafts to Google Docs because Google hasn't signed an NDA, but this obviously is not the case.
The law is a lot less strict to the letter than you think it is. Intent and spirit of the law matter. Any judge would throw such a case out.