CNIPA warns against using AI agents including OpenClaw in drafting patent application documents

On 31 March 2026, China’s National Intellectual Property Administration (CNIPA) issued a public warning on the use of AI “agent” tools—specifically naming OpenClaw—in the drafting of patent application documents. CNIPA cautions that such tools can create serious security, quality, and compliance risks, and encourages rights holders to report patent agencies that use them without authorisation.

According to the warning, agentic tools like OpenClaw suffer from weak default security settings, excessive permissions, and potential vulnerabilities or malicious plug‑ins, creating a real risk of “technical information leakage” when used to prepare patent disclosures. If core technical content is exposed, the invention may lose novelty or even be patented first by a third party, resulting in substantial loss for the applicant and possible contractual liability for the agency. CNIPA also notes that AI drafting can introduce “substantial defects” through hallucinations and inconsistencies—such as unclear technical features or illogical descriptions—that may prevent the application from obtaining effective protection.

The Notice goes further in characterising certain AI‑driven filings as “dishonest applications.” Applications assembled through out‑of‑thin‑air generation, random fabrication, or patchwork content may be treated as violating the principle of good faith, triggering administrative penalties once they reach a certain volume. Applicants may face warnings and fines, while agencies and individual agents risk disciplinary measures up to revocation of practice licenses, cancellation of qualifications, and inclusion on serious dishonesty lists. CNIPA urges applicants to scrutinise their patent service providers, confirm whether AI agents are being used in drafting, and seek compensation where unauthorised use results in leakage or dishonest filings, while calling on agencies and agents to exercise “high vigilance” and avoid using AI agents for non‑compliant patent application activities.

Source:
https://www.chinaiplawupdate.com/2026/04/cnipa-warns-against-using-ai-agents-
including-openclaw-in-drafting-patent-application-documents/ (English)