ARTICLE
28 April 2025

Use Of Generative AI: Security And Confidentiality Challenges

SP
Schweiger & Partners

Contributor

founded his firm's strategic Asian branch office in Singapore, which has become a major hub for IP matters in Asia. Martin Schweiger has his own blog, IP Lawyer Tools, that produces materials in helping to guide bright young people through the mine fields that the intellectual property (IP) profession has. It shows you specific solutions that can save you time and increase your productivity.
Addressing security and confidentiality concerns is fundamental to building trust in the use of generative AI for patent drafting.
Singapore Intellectual Property

Overcoming Security and Confidentiality Challenges

Addressing security and confidentiality concerns is fundamental to building trust in the use of generative AI for patent drafting. Patent data is extremely sensitive, and any mishandling by AI systems could lead to significant risks. Implementing a multi-pronged approach can effectively mitigate these concerns and ensure the safe use of AI tools in professional workflows.

The Importance of Data Security in Patent Drafting

First, users should prioritize AI tools from vendors that enforce strong security measures, such as end-to-end encryption and clear contractual confidentiality guarantees. In industries with particularly sensitive data, on-premises AI solutions that operate entirely within the company's infrastructure provide an additional layer of security and control.

AI tools from reputable vendors with a demonstrated commitment to data security adhere to industry standards by employing measures such as end-to-end encryption, two-factor authentication (2FA), and other access controls; ensuring that data is encrypted in transit and at rest; and anonymizing data to remove identifying details. Robust contractual agreements are also critical, explicitly guaranteeing confidentiality and prohibiting the provider from storing or using user input data beyond immediate processing. Advanced technical measures, such as role-based access permissions help limit unwanted access to sensitive data. In addition, firewalls and intrusion detection systems protect internal networks from unauthorized access, enhancing overall security. These commercial AI platforms also comply with relevant privacy laws, such as the General Data Protection Regulation (GDPR) in Europe or the California Consumer Privacy Act (CCPA) in the United States. Compliance demonstrates a commitment to high privacy and security standards and provides additional peace of mind for users.

Leveraging On-Premises Solutions for Maximum Safety

On-premises AI solutions operate entirely within an organization's internal network, ensuring that sensitive data never leaves the premises. While this option may be more expensive, it provides complete control over data. It minimizes exposure to external security threats, making it ideal for industries such as pharmaceuticals and defense, where regulatory requirements are stringent.

Advantages of Enterprise-Grade AI Tools

Free AI tools typically lack adequate security protocols, and their terms of service allow data to be stored or reused for training purposes. To avoid these vulnerabilities, patent professionals rely on paid, enterprise-grade AI tools that prioritize security and include contractual safeguards tailored to professional needs.

Legal Safeguards to Protect Confidentiality

Strong legal frameworks between the user and the provider of AI-assisted drafting tools do not directly enhance privacy. However, they do provide the user with a strong defense in the event of data theft by demonstrating that all reasonable precautions were taken to avoid negligence. Non-disclosure agreements (NDAs) and privacy clauses can explicitly prohibit AI providers from storing, sharing, or using user data for purposes beyond immediate processing. These measures legally bind providers to confidentiality standards.

Building Trust Through Secure and Responsible AI Use

By combining secure platforms, legal safeguards, and advanced technical measures, patent professionals address security and confidentiality concerns in generative AI. These strategies reduce vulnerabilities and build trust in the technology, enabling its safe integration into workflows. With these measures in place, generative AI can be embraced as a reliable and valuable tool for increasing efficiency and productivity in patent drafting.

IP Lawyer Tools by Martin Schweiger

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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