Incident Tracker / United States (federal)
In re Brian E. Mitchell, USPTO Proceeding No. D2026-16
The US Patent and Trademark Office's Office of Enrollment and Discipline publicly reprimanded California patent attorney Brian Mitchell, whose AI-drafted claim-construction chart in a federal patent case cited nonexistent portions of the patent's intrinsic record. Reported as the USPTO's first disciplinary order predicated on generative-AI misuse, it treats hallucinated citations to a specification and file history as an ethics violation.
- Court
- US Patent and Trademark Office, Office of Enrollment and Discipline
- Date
- 2026-07-27
- Who used the AI
- Lawyer
- AI tool
- Not identified in the record
- Conduct
- A registered patent attorney (Reg. No. 50,612, California) used two generative AI tools, one to draft and one to review, to prepare a joint claim-construction chart in Magpul Industries Corp. v. Mission First Tactical Group (E.D. Pa.) whose citations to the patent's specification, figures and prosecution history referred to nonexistent or misattributed passages.
- Outcome
- Other
- Penalty
- No monetary penalty recorded
- Regulatory outcome
- USPTO Office of Enrollment and Discipline: Public reprimand by settlement for violations of 37 CFR 11.101, 11.103, 11.804(c) and 11.804(d); settlement executed 20 July 2026, approved 21 July 2026, final order dated 27 July 2026, published on the OED reading room 27 August 2026. (2026-07-27)
- Status
- Verified against listed sources
- Last checked
- 2026-09-03
What was fabricated or misused
- Joint Claim Construction Chart citations, quotations and parentheticals to the patent specification, figures and prosecution history referred to portions of the intrinsic record that did not exist or were inaccurately attributed
- AI-generated citations inaccurately cited to and quoted from the patent’s intrinsic evidence; the final order did not enumerate each citation
What the court said
“Respondent used one generative artificial intelligence (“AI”) tool to assist with drafting proposed claim constructions of certain claim terms of the patent in question. Respondent then used a second AI tool to review the plaintiff's portion of the document.”
“Specifically, many of the plaintiff's citations, quotations, and parentheticals referred to portions of the record that did not exist or were inaccurately attributed.”
“Respondent acknowledged that the erroneous citations were not sufficiently checked against the source documents.”
“Respondent is hereby publicly reprimanded;”
Timeline
- Mitchell executed the proposed settlement agreement with OED
- OED Director executed the proposed settlement agreement
- USPTO approved the settlement and ordered a public reprimand
- OED published the final order in its public reading room
Why this case matters
Mitchell is the tracker’s first USPTO discipline row and differs from Mata and LeDoux because the false material was not case law. It was intrinsic patent evidence in a claim-construction chart. The order shows that AI verification duties cover the specification, figures, prosecution history and file wrapper, not only statutes and decisions. It also records mitigation: the lawyer corrected the chart quickly, accepted responsibility and the court imposed no sanction, yet OED still used a public reprimand because the filing had been signed and submitted to a tribunal.
Practice note
For patent filings, verify every AI-assisted citation against the intrinsic record before signing: open the patent, figures, prosecution history and file wrapper, then confirm the quoted text and pinpoint. A second AI tool is not a source check. If errors surface, correct the chart immediately, tell the tribunal and client, and preserve the review trail for OED.
Primary sources for this incident
Related regulation records for this incident
No related regulation record has been linked to this incident yet.
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Cite this record
SafeLegalAI Global Legal AI Incident Tracker, “In re Brian E. Mitchell, USPTO Proceeding No. D2026-16”, safelegalai.com/tracker/in-re-brian-mitchell-uspto (accessed 2026-10-07). Data: CC BY 4.0.