Using Agents like "OpenClaw" to Draft Patent Applications May Trigger Multiple Risks

Recently, agent tools such as OpenClaw (commonly known as "Crayfish") have been exposed for having weak default security configurations, which can easily lead to serious security risks. Using such agents to draft patent applications may also trigger multiple risks. On April 1, the China National Intellectual Property Administration (CNIPA) issued a three-point risk warning regarding the use of agents like OpenClaw for drafting patent applications.

First, the risk of "technical information leakage." Agents such as OpenClaw have hidden dangers including excessive permissions, security vulnerabilities, and plugin poisoning. Using them to draft application documents can easily lead to the disclosure of core information such as technical disclosure documents. Once leaked, the technical solution of the patent application may lose novelty and become unpatentable, or worse, be preemptively filed by others, causing significant losses to the applicant. In such cases, the代理机构 (patent agency) may also bear liability for breach of contract. Second, the risk of "substantive defects." When using such agents to draft application documents, "AI hallucinations" may occur, resulting in logical contradictions in the content, unclear descriptions of technical features, and other problems, thereby preventing the application from obtaining protection. Third, the risk of "bad-faith filing." Generating, randomly fabricating, or piecing together content through agents to form a patent application constitutes a bad-faith patent filing that violates the principle of good faith. If a certain quantity threshold is reached, applicants may face administrative penalties such as warnings and fines; agencies and agents may face administrative penalties including revocation of practice licenses and deregistration of qualification certificates. In serious cases, they may be included in the list of serious untrustworthy entities.

To prevent the above risks and safeguard the legitimate rights and interests of all parties, the CNIPA provides the following guidance: Patent applicants should enhance their risk awareness, carefully select compliant patent agency services, and proactively inquire whether the agency uses agents to draft application documents. If an applicant discovers that an agency has used such tools without authorization, resulting in information leakage or bad-faith filings, they may file complaints and reports according to law and demand compensation from the agency. Patent agencies and agents must be highly vigilant about the risks of using agents, refrain from using agents to engage in bad-faith patent filings, and effectively protect the legitimate rights and interests of their clients.