Author: Haoyu (Elliot) ZHOU 

Recently, AI tools such as OpenClaw have been exposed for having serious security risks. The China National Intellectual Property Administration (CNIPA) published an article on April 1, 2026 to warn the patent applicants and patent agencies about risks of drafting patent application based on AI tools. Specifically, the CNIPA highlighted that:

1. Risk of Technical Information Leakage: Tools like OpenClaw have risks such as excessive permissions, security vulnerabilities, and plugin poisoning. Using them to draft application documents can easily result in the leakage of information such as technical disclosure documents. Once leaked, the technical solution of the patent application may lose its novelty, rendering it non-patentable. More seriously, others may file a patent application directed to the same solution, causing significant losses to the applicant. Additionally, the patent agency may bear liability for breach of contract.

2. Risk of Substantive Defects in Applications: When using such tools to draft patent applications, “AI hallucinations” may occur, leading to issues such as logical contradictions in content or unclear descriptions of technical features in the application documents, thereby preventing the patent application from being sufficiently disclosed.

3. Risk of Bad Faith Filings: Drafting patent applications through AI tools by fabricating information or random compilation may be considered as bad faith patent filing behaviors that violate the principle of good faith. If volume of filings is considerably high, applicants may face administrative penalties such as warnings and fines. Patent agencies and patent attorneys may also face administrative penalties such as revocation of their practice qualification or certificates. In severe cases, they may be placed on the list of serious untrustworthy entities.

To mitigate the aforementioned risks and safeguard the legitimate rights and interests of all parties, the CNIPA provides following suggestions:

1. For Applicants: It is essential to enhance applicants’ risk awareness. Applicants should carefully select compliant patent agency, and proactively inquire and confirm whether the patent agency uses AI tools to draft applications. If it is discovered that a patent agency has used such tools without authorization, resulting in information leakage or constituting bad faith filing behaviors, applicants may file complaints or reports in accordance with the law and demand compensation from the agency for any losses incurred.

2. For Patent Agencies and Patent Attorneys: They must remain highly vigilant regarding the risks associated using AI tools, strictly refrain from engaging in bad faith patent filing practices using such tools, and effectively safeguard the legitimate rights and interests of their clients.

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