top of page
Writer's pictureLexCampus

How Collaborative Intelligence Could Save Patent Agents in a Digital-First World



Digitalization has eliminated middlemen across industries, with LinkedIn replacing recruiters, digital banking displacing cash tellers, and online travel platforms making traditional travel agents obsolete. Patent agents are the middlemen of the patent world. Almost everything that can be done by a patent agent can be done directly by an inspired inventor acting on his own behalf.



Digitalization is changing the patent world


The patent system is intricately tied to the reigning technologies of the day. In the days when miniature models were popular, the USPTO granted patents on the submission of working models. When inventions came to be represented textually by means of a written specification, the patent office went through various changes to accommodate the change — all the way from being a paper-based patent office to a paperless digital office, a change sped up by the post-COVID adoption of digital technologies. Now, with the surge in the use of generative AI, the patent systems are fast accommodating the new technology. Patent offices around the world are using AI technologies for search, classification and prosecution (WIPO lists more than 80 AI initiatives in IP offices around the world). Many patent offices are going through a digital transformation which will make them a digital-first system. Patent offices now discourage physical filing. And every aspect of the patent system — be it search, classification, examination, drafting, prosecution, grant, dispute resolution or renewal — is now fully amenable to the use of digital technologies. As was the case with banking a while ago, patent offices will soon be fully digitally transformed. And as with banks, there will no more be any need for you to physically visit the office. Everything that you once used to do by being at the office, can now be done online.



Digitalization leads to disintermediation


Disintermediation is the norm in the digital world. Digitalization has led to disintermediation across various industries, resulting in the reduction or elimination of traditional middlemen. In recruitment, platforms like LinkedIn have allowed employers to connect directly with job seekers, bypassing traditional recruiters who once acted as intermediaries in the hiring process. Similarly, in banking, digital services such as DBS Bank's online and mobile platforms have minimized the need for cash tellers, with ATMs and automated banking systems replacing in-person transactions. In the travel industry, platforms like Booking.com have enabled travelers to book flights, accommodations, and experiences directly, rendering traditional travel agents largely obsolete. In all cases, digitalization has streamlined processes, making services more accessible and efficient, but also displacing many traditional roles that previously served as crucial intermediaries.


There were no patent agents during the early days of patent law when inventors submitted miniature working models of their invention to get a patent. The rise of the patent agent can be attributed to the change in the representation of the invention — when the material representation of the invention using working models changed to a textual representation of the invention using the patent specification. Patent agents evolved as the speechwriters of the inventors and excelled in capturing technical speech. With the digital and AI transformation that is happening across the world, the patent agents are conceding ground to the new digital tools that are emerging which will allow an inventor to do everything that a patent agent could do. 


Patent agents will still have a significantly greater role compared to other IP agents, such as trademark agents, as the impact of digital and AI transformation will be more disruptive in other IP fields. Trademark prosecution, for instance, will be revolutionized by advances in computer vision and improved image search technology. In the near future, trademark offices may even provide image editing tools that allow applicants to modify their marks to avoid conflicts with existing trademarks.



Collaborative intelligence (or How to save the patent agent)


As digitalization transforms patent systems globally, the role of the patent agent, traditionally seen as the middleman in the patent world, will face significant changes. Automated tools, AI-driven drafting, and streamlined filing systems could reduce the need for many of the routine tasks patent agents currently handle, such as patent searches, document drafting, and procedural filings. This could lead to fewer roles for agents in areas where automation thrives.


However, collaborative intelligence — the synergistic interaction between human intelligence and artificial intelligence — could redefine their value. While digital tools handle repetitive and time-consuming tasks, patent agents could shift their focus to more strategic, complex responsibilities such as advising clients on IP strategy, navigating legal complexities, and adding nuanced, industry-specific insights to patent applications that AI might overlook. Their role would evolve from one of process execution to value-added consultancy, where human judgment and experience remain irreplaceable. For instance, patent agents specializing in dispute resolution will enjoy long-term career prospects, as much of a patent’s 20-year lifespan involves activities beyond the patent office.


Patent agents will need a new kind of education. While they will still need to learn the fundamentals of patent law, they will also have to equip themselves with using the new digital tools, learn about the strategic management of IP as digital assets and acquire new competencies like consultancy and dispute resolution skills. The patent agent exam, unfortunately, focuses solely on process execution, leaving you unprepared for the uncertainties brought by the rapid adoption of new technologies.


Stay tuned and keep a close watch—there’s a lot unfolding right now.



Comments


bottom of page