The United States Patent and Trademark Office (USPTO) issued a final order approving a settlement between its Office of Enrollment and Discipline (OED) and a registered patent attorney accused of professional misconduct arising from the use of artificial intelligence (AI) in patent litigation. In re Brian E. Mitchell, Proceeding No. D2026-16 (Director July 27, 2026).
Brian Mitchell, a registered patent attorney who had never appeared before the USPTO, used AI to assist in preparing a proposed claim construction chart in a patent case pending in the US District Court for the Eastern District of Pennsylvania. The AI-generated material included several incorrect or fabricated citations to the patent’s intrinsic record.
After the errors were identified, Mitchell corrected them within a day and cooperated fully with OED’s investigation. The final order noted that Mitchell “acknowledged his errors, demonstrated genuine contrition, and accepted responsibility,” and that he had no prior disciplinary history before the USPTO or other tribunals. The district court declined to impose sanctions.
Mitchell nevertheless stipulated that his conduct violated USPTO Rules of Professional Conduct governing competent representation, reasonable diligence, misrepresentation, and conduct prejudicial to the administration of justice. According to the order, the violations arose from Mitchell’s failure to appreciate AI’s limitations (including its propensity to hallucinate) and his failure to verify the AI-generated content before submitting it to the court.
As part of the settlement, Mitchell agreed to a public reprimand, publication of the final order in OED’s electronic Freedom of Information Act Reading Room, and publication of a Notice of Public Reprimand in the Official Gazette. The notice specifically warns practitioners that AI-generated errors “are not limited to extrinsic sources such as statutes, regulations, and case law,” but may also extend to intrinsic evidence.
The order further cautioned that the disciplinary proceeding may be considered as an aggravating factor, or as rebuttal evidence, in any future USPTO disciplinary matter involving Mitchell.
