Document Type

Article

Publication Date

2025

Abstract

Lack of access to competent legal representation is pervasive throughout the justice system. Unfortunately, the patent system is no exception. Self-represented inventors are far less likely to obtain patents than those with legal representation. Increasing access to artificial intelligence (AI) can mitigate some of the disadvantages of self-representation, but the use of AI will also raise new challenges. To the extent that AI systems can help self-represented inventors, they can begin to address one of the underlying causes of the patent gap—lack of access to high quality legal services. Women and people of color hold fewer patents, in part, because of differential access to counsel. While AI is no substitute for legal representation, it can be incorporated into the patenting process in limited circumstances to help self-represented inventors.

This Article describes the challenges self-represented inventors face in applying for patents and the implications of these difficulties for innovation as well as equitable access to the patent system. It sets forth the circumstances in which the use of AI would be most useful for self-represented inventors, when the risks outweigh the benefits, and when it may raise barriers to entry for self-represented inventors. This Article is also the first to identify how the use of AI by the Patent Office to classify and assign applications for examination may unintentionally discriminate against inventors. It concludes with recommendations for the Patent Office to improve upon its efforts to support self-represented inventors and cautions against relying on AI and other technology to satisfy the need for legal representation.

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