Are professional guidelines making Patent Attorneys too cautious on AI?

​
February 19, 2026

As I write this, the FTSE 100 company Relx’s share price has declined 50% in six months. Although Relx may be unfamiliar, its company Lexis Nexis is well known in the legal sector. And in this case, the market fears might be correct; 2026 is set to be the year of AI for patent attorneys. But there’s a complicating factor, especially for European patent firms. The epi issued professional guidelines on the use of AI (“AI Guidelines”) that patent attorneys must follow in their work. The epi is the professional body for European Patent Attorneys and covers 14,4351 qualified European Patent Attorneys. I’m going to take a look at some of the key points of the AI Guidelines2 from the epi. I’ll show how it is just the start and I’ll explain why Hybrid Intelligence is the future.

AI, surely that just makes stuff up

Many European patent attorneys view these AI Guidelines as an additional barrier to the use of AI. The AI Guidelines understandably focus on risk and some European patent attorneys use them as a reason to resist AI completely.  But that misses the point. The AI Guidelines are a starting point to ensure AI is used responsibly and without jeopardising valuable IP.

We’re all aware of high-profile AI fails; hallucinated case law and quotations from documents that don’t exist. Generative AI does have risks, and those risks can result in work which isn’t just low quality, but negligent. And here’s where an open mind on the AI Guidelines helps. They aren’t a barrier but a set of guard rails representing a minimum for an acceptable service.

To excel with AI, you must do more than just use AI and follow the AI Guidelines. At EIP, we have Hybrid Intelligence, where the combination of attorney and AI is genuinely better than either alone. I know this from experience, new ways of working with AI are improving my work products.

To give an example, a couple of years ago, I posted on LinkedIn how an AI patent search had found me a relevant patent in minutes. It became one of my most viewed posts, helped by a debate about how AI could not compare to a carefully crafted Boolean search in full text.  The undertone was clear that AI was somehow inferior, despite providing faster results than was possible before.

So, let’s look at some of the AI Guidelines in more detail and see how they are just a starting point for EIP’s Visser AI service.

Client permission is required using AI on client work. (Guideline 4)

I’ll start with this because it’s arguably the point which has the greatest impact. It’s vital that clients know AI is being used and agree to its use. But the underlying message is that AI is a shortcut and some time-pressured patent attorneys might try and sneak it in to get something done more quickly. It’s set the conversation up the wrong way round.  What about all the many clients who want their patent attorneys to leverage AI to improve work products and outcomes?

That’s the motivation behind our Visser AI service, which responds to the market demand for patent attorneys to use AI. We know that many clients want their attorney to use AI. And those clients are sophisticated, they want to see a reduction in cost and a fantastic work product. Hybrid Intelligence can deliver that by the attorney working with AI in ways that were not previously possible.

Patent Attorneys must check the output of AI. (Guideline 3b)

Frankly, this should be a given, although the legal horror stories show how that often isn’t the case. Again, we see how the underlying feeling is that AI will make mistakes that prejudice the client. If you have to check the work, how can it possibly be any better than just doing it yourself in the first place?  

This is where Hybrid Intelligence comes in, of course we check the output but we also apply our judgement and know-how to influence the AI for the best results. It’s not a case of prompting and reading the answer to make sure it’s free of hallucinations but understanding why that answer was given and using that understanding to enhance the results.  AI is not intelligent in the human sense, but it can certainly appear so.  By understanding this and using it to our advantage, we can get amazing results.

Any AI used for patent work cannot retain client data and cannot use client data for training. (Guideline 2a)

Protecting confidential information is central to life as a patent attorney.  EIP has had an ISO27001 accredited Information Security Management System in place for many years to support this. We have annual training on best security practices. Even without this in the AI Guidelines, I’m sure every attorney would not dream of allowing client information to be inadvertently disclosed.  

But few people understand just how much data AI services can and do use. Many people don’t understand that their data is retained and used for training AI behind the scenes. Take Gemini, for instance.  You can only get true zero data retention with an enterprise subscription; a paid subscription alone does not provide this guarantee.

Specialist Patent AI can guarantee zero retention, but sometimes a combination of AI tools can give even better results than is possible with other services. EIP’s Tech and AI team have been at the forefront of this assessment, ensuring a suite of tools is available with zero data retention. For example, it won’t be long before AI agents are preparing and filing patent applications at patent offices.

The AI Guidelines are a starting point, not a barrier.

So, the AI guidelines are not a barrier but a minimum standard. Clients will increasingly expect more. Visser AI’s forward-deployed patent attorneys are already pushing the boundaries of what’s possible with AI, exploring new ways of working to improve results and efficiency.  This is more than a library of prompts.  To give an example, we know how context influences output so we control context for the best results.

Get in touch with Laurence Brown, if you’d like to learn more about Visser AI and Hybrid Intelligence, we can show you how it can improve outcomes and allow your patent budget to go further. It’s all fully compliant with the AI Guidelines and takes it to the next level.

‍

The Latest Thought Leadership pieces in the Content Hub

No items found.
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

Heading
This is some text inside of a div block.
This is some text inside of a div block.

Latest Insights

Showing 0 of 100
What are the options if you want to be able to use the UPC?
03 November 2022
All unitary patents fall within the competence of the Unified Patent Court (UPC). Additionally, classical validations of European Patents in states which have ratified the UPC agreement are within...
#
Patenting
​
What is the Unified Patent Court?
01 November 2022
The Unified Patent Court ("UPC") is a new pan-European court which opened for business on 1 June 2023. It adjudicates disputes relating to the new Unitary Patents and also to existing and future...
#
Litigation
​
What is the Unitary Patent and how do I get one?
01 November 2022
The Unitary Patent (UP) is a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date, and is subject to...
#
Patenting
​
How does the opt-out work?
01 November 2022
The Unified Patent Court (UPC) will ultimately be responsible for all litigation in participating member states relating to patents granted by the European Patent Office (EPO); national courts in...
#
Patenting
​
What languages does the UPC use?
01 November 2022
Central Division Proceedings at the central division are in the language in which the patent was granted (i.e., either French, German or English).
#
Patenting
​
IP considerations arising from increased micro mobility competition
24 June 2022
Following the Queen's Speech, and years of consultations and lobbying from the micro mobility sector, it looks like the e-scooter industry is in for a bumper year.
#
Patenting
​
Are open-source patent portfolios the key to the EV revolution?
16 June 2022
The widespread rollout of electric vehicles is viewed as a crucial part of the UK's green revolution. When discussing how this can be achieved, charging infrastructure is often cited as the key to...
#
Patenting
​
What is the likely timing of the UPC and UP coming into being?
09 June 2022
The Unified Patent Court (UPC) is currently completing preparations to be open for business (under the Protocol on the Provisional Application of the UPC Agreement (the ‘PAP-Protocol')).
#
Litigation
​
The Unitary Patent System is on the way
20 January 2022
We reported last year that the Unitary Patent and Unified Patent Court (UPC) were progressing. The main hurdle left to clear was sufficient countries ratifying the Protocol on the Provisional...
#
Litigation
​
Hybrid event: Healthcare Innovation & Strategy Series - IP Strategy Beyond Drafting Patents
19 October 2021
We would like to invite you to join us for the second part of our life science and medtech event on 09 November where we will continue to explore upcoming trends in IP and healthcare.
#
Patenting
​
Unlocking healthcare with AI
16 September 2021
Much has been written about the development of artificial intelligence (AI) and its potential to reshape everyday life.This potential is already being realised in healthcare, with health...
#
Patenting
​
License to heal
07 September 2021
The hallmark of 5G is extremely low latency speeds. In theory, robotics could be controlled from long distances with just 0.1 seconds of a delay.
#
Patenting
​
Ask the Experts: What can I do if someone is using my invention without my permission?
02 September 2021
In the previous articles, we looked at the mechanics of filing a patent application. In this last article of our ‘Ask the Experts' series, we will be addressing some of the other ways in which a...
#
Patenting
​
The personalised healthcare boom
01 September 2021
Personalised healthcare is a fairly new term relating to technology that gives individuals effective healthcare based on their own unique attributes.
#
Patenting
​
Ask the Experts: How can I manage the costs of a patent?
24 August 2021
In previous articles, we addressed the questions of whether applying for a patent is appropriate, and if so, when this should be done. This article addresses questions around the process for filing a...
#
Patenting
​