The Future of Patent Practices: Embracing Automation and Reinventing the Profit Model

Ian Schick
29 June 2023

As an engine of growth and a strategic differentiator, the intellectual property (IP) industry has a profound impact on the global economy. Central to this industry are patent practices, traditionally structured around three layers: the Counseling Layer, the Production Layer, and the Services Layer. However, rapid advancements in artificial intelligence (AI) technology are compelling law firms to rethink their patent practices. This shift is not merely a change—it's a revolution with the potential to dramatically transform the way law firms operate and generate revenue.    

The Classic Triad: Counseling, Production, and Services    

A deep understanding of the traditional model is essential to recognize the tectonic shift taking place. Traditionally, patent practices are structured around three critical components:    


  1. Counseling Layer: This layer comprises the pinnacle of the patent practice, where human attorneys engage in high-level legal services. Attorneys perform activities like formulating IP strategy, providing legal advice on patentability, portfolio management, and conducting infringement and other complex analyses. This layer is where sophisticated human cognition, comprehensive industry knowledge, and delicate client relations intertwine.
  2. Production Layer: The engine room of patent practices, the Production Layer, involves the creation of substantive patent documents such as patent applications, office action replies, and other prosecution documents. Historically, this layer has been the major revenue generator for most patent law firms.
  3. Services Layer: This foundational layer takes care of routine, yet indispensable administrative tasks such as filing, docketing, invoicing, and scheduling. This layer ensures smooth sailing and seamless client service.

Understanding the AI Disruption    

The AI revolution is dramatically influencing the Production Layer, as AI's ability to produce high-quality patent document content has become increasingly sophisticated. This disruption is not a threat, but an opportunity for the legal profession to redefine its core competencies. However, with the automation of patent document production likely to be handled by specialized third-party vendors, it's evident that the major revenue center of law firm patent practices is about to change.    

Visualizing the Future of Law Firm Patent Practices    

In the face of this imminent transformation, it becomes necessary to reimagine the future of patent practices. Here’s a high-level visualization:    

  1. Redefining the Counseling Layer: Attorneys can now utilize the time freed from document production to concentrate on strategic consultation, deepening client relationships, and improving quality of service. The role of attorneys can transition from service providers to strategic partners and consultants, helping clients devise potent IP strategies, manage risks, and maximize their IP assets. Specialized legal services like patent litigation, licensing, and negotiation will gain prominence. These services, which require a high degree of human expertise, are less likely to be automated and can provide substantial value to clients.
  2. The Production Layer: Embracing AI: Automation will be the new norm for document production, leading to improved efficiency and accuracy. While it's likely that law firms will outsource AI services to third-party vendors, the critical aspect to consider is that this fundamental shift implies that law firms' key revenue streams need to evolve.
  3. The Services Layer: Enhancing Efficiency: Advanced AI platforms can handle routine tasks, improving the operational efficiency of law firms. By automating processes such as docketing, scheduling, and invoicing, law firms can allow their staff to focus on higher-value tasks, leading to an overall uplift in productivity and client service.

Unveiling New Profit Centers and Revenue Streams    

Given the seismic shift that automation presents, law firms must identify new profit centers and revenue streams to sustain and grow in the industry. Here are a few potential avenues:    

  1. Quality Control and Supervision: Even with the introduction of AI, there will always be a need for human supervision and quality control to ensure the reliability and accuracy of the documents produced. Law firms can offer services to review, amend, and validate AI-generated patent documents. This service could serve as a new revenue stream.
  2. AI Services Brokerage: Law firms could consider acting as brokers between AI providers and clients. They can help clients select the most appropriate AI service and negotiate terms with providers, thereby solidifying their place in the AI-driven patent landscape.
  3. Patent Valuation and Monetization: Law firms can diversify their services to include patent valuation and monetization. By leveraging their deep knowledge of IP law, firms can assist clients in valuing their patent portfolios, identifying licensing opportunities, and monetizing their patents.


As we move toward this new era of patent practices, the future is not bleak but full of opportunities. With automation taking over a significant chunk of the production work, law firms can focus more on complex tasks that require human expertise and judgment. While the automation of patent document production implies a shift in the major profit centers for law firms, it also opens up myriad new avenues for revenue generation.    

Embracing change and adapting to the new technological landscape will be key for law firms looking to thrive in this era of transformation. By understanding and leveraging these emerging trends, law firms can position themselves at the forefront of the industry, ready to guide their clients through the intricate maze of the ever-evolving IP landscape.

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