National Intellectual Property Administration: Using "Lobster" to Draft Patent Applications or Induce Multiple Risks

The National Intellectual Property Administration today (the 1st) issued a risk alert. Agent tools such as OpenClaw (“Lobster,” formerly known as Clawdbot and Moltbot) have been exposed as having weak default security settings, making them prone to serious security risks. At the same time, using such agent tools to draft patent application documents may also trigger multiple risks.

The National Intellectual Property Administration offers the following guidance:

“Technology information leakage” risk: Agents such as OpenClaw may have issues such as excessive permissions, security vulnerabilities, and plugin poisoning. When applicants use them to draft application documents, core information such as technical disclosure statements may be leaked. Once leaked, the technical solution described in the patent application may be unable to be authorized due to the loss of novelty. It may also be that others file for the patent first, causing major losses to the applicant, and the patent agency would also need to bear liability for breach and compensation.

“Substantive defect” risk: When using such agent tools to draft application documents, “AI hallucinations” may occur, resulting in problems such as logical contradictions in the content of the application documents and unclear expressions of technical features, thereby preventing the application from obtaining protection.

“Dishonest application” risk: Patents formed through patent application documents generated out of thin air by agent tools, random fabrication, or content patchwork are dishonest patent applications that violate the principles of good faith and honest dealing. Once reaching a certain quantity, applicants will face administrative penalties such as warnings and fines. Patent agencies and patent agents will face administrative penalties such as revocation of practice licenses and cancellation of their agency qualification certificates. In serious cases, they will be listed in the list of serious law-violating and dishonest parties.

To prevent risks and protect the legitimate rights and interests of all parties, the National Intellectual Property Administration advises: Applicants should enhance their awareness of risk prevention, prudently choose compliant patent agency services, and proactively learn about and confirm whether the patent agency uses agent tools to draft application documents. If they find that a patent agency uses relevant tools without authorization, causing information leakage or constituting dishonest application behavior, they may file complaints and reports according to law and require the agency to compensate for losses.

Patent agencies and patent agents must remain highly vigilant about risks arising from the use of agent tools, put an end to the conduct of dishonest patent applications using agent tools, and effectively safeguard the lawful rights and interests of their clients.

（Source: CCTV News）