Patent – US Senator Calls for Stronger Safeguards Against AI Patent Scraping
Patent – A Republican senator has asked the US Commerce Department to strengthen protections for American patent applicants, citing concerns that Chinese companies may be using artificial intelligence tools to identify and replicate valuable inventions disclosed in US patent filings.
Senator raises concerns over biotechnology research
Senator Jim Banks of Indiana outlined his concerns in a letter to Commerce Secretary Howard Lutnick. He urged the US Patent and Trademark Office, or USPTO, to continue reforms intended to shield US innovators from AI-assisted copying of their work.
Banks said companies in China could use advanced software to review biotechnology patent applications, detect commercially useful research and submit related patent claims before the original US developers have completed product development or reached the market.
He argued that such activity could reduce the willingness of American companies to invest in costly research, particularly in the pharmaceutical sector, where development timelines can be long and regulatory approval requires significant funding.
Concerns over faster product approvals
In his letter, Banks said the issue was becoming more serious because of China’s relatively rapid drug approval system. He warned that competitors could potentially make limited changes to an existing invention and move quickly through regulatory processes, creating pressure on the original innovator.
According to Banks, this could allow companies to benefit from discoveries without taking on the financial and scientific risks involved in the original research. He said the result could weaken incentives for investment in new medicines and biotechnology products.
The senator also said AI-driven patent analysis could enable companies to examine large volumes of technical disclosures much faster than traditional research teams, making it easier to identify promising technologies and pursue related filings.
Pharmaceutical supply chain dependence highlighted
Banks linked the patent issue to wider concerns about US dependence on China for pharmaceutical manufacturing. He said China has treated biotechnology as a strategic industry for decades, investing in research facilities, industrial capacity and regulations designed to speed product development.
Since the 1980s, he said, many US businesses have moved production of active pharmaceutical ingredients and generic medicines to China because of lower manufacturing costs. That shift, he argued, has increased exposure to disruptions in the pharmaceutical supply chain.
Banks cited a 2024 survey by the Biotechnology Innovation Organisation showing that 79 per cent of US biotechnology companies had at least one product or contract arrangement involving a China-based or Chinese-owned manufacturer.
He said these relationships may create supply chain vulnerabilities while also exposing American biotechnology companies to competitors seeking to gain an advantage through access to US research and intellectual property.
Warning over AI-generated patent filings
The senator also raised concerns about the impact of AI-generated applications on patent offices. He said large numbers of low-quality filings produced with limited human input could increase the workload for patent examiners and add to existing review delays.
Banks warned that machine-generated applications could complicate the assessment of prior art, the process used to determine whether an invention is new and eligible for patent protection.
He asked Lutnick and USPTO Under Secretary Squires to keep patent reform efforts focused on technologies that may be vulnerable to AI-enabled duplication.
Intellectual property remains a major US-China issue
The letter comes as intellectual property protection remains a significant part of the broader competition between the United States and China. Biotechnology, semiconductors, artificial intelligence and quantum computing have become key areas of concern for US policymakers.
Washington has repeatedly alleged that China uses state-supported industrial policies and cyber-related methods to obtain foreign technology. Chinese authorities have rejected those allegations.