“Writer's block is pretty much dead with AI,” Drew McElligott, Counsel at Crowell & Moring, told IP Innovators Host Steve Brachmann in a recent podcast episode. “You have the opportunity now to jump into projects and get to first drafts much easier, much quicker than you ever were before.”

The conversation centered around the growing role of AI in patent drafting. McElligott offers a practical perspective from inside a large law firm: the biggest change may be in how attorneys conquer the blank page.

Patent professionals can now generate outlines, identify issues, and build early drafts in seconds. The result is a shift in how attorneys approach drafting work—and possibly the end of writer’s block as a common obstacle.

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How AI Is Changing the Start of Patent Drafting

For patent attorneys, drafting often begins with a familiar challenge: determining how to structure the technical description, identify the key inventive concepts, and frame the document in a clear and persuasive way. That early stage can be slow and cognitively demanding.

The introduction of AI tools in patent drafting workflows is changing that dynamic. According to McElligott, one of the most valuable uses of AI today is its ability to assist with early-stage writing tasks such as outlining and issue spotting.

Rather than staring at a blinking cursor, attorneys can prompt AI systems to generate structured outlines or alternative opening paragraphs. They can help provide a starting point that accelerates the drafting process.

This shift allows attorneys to move quickly into refinement and analysis instead of spending significant time constructing the first draft from scratch.

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From First Drafter to Editor

One of the most important implications of AI in patent drafting may be a subtle shift in the role of the attorney. Instead of acting as the first drafter, patent professionals increasingly become editors and decision-makers, evaluating AI-generated structures and refining them to meet legal and technical requirements.

McElligott describes a workflow where attorneys can request several possible opening paragraphs or document outlines. Even when none of the options is perfect, one often comes close enough to serve as a foundation for the final draft.

The attorney then applies legal reasoning, technical understanding, and strategic judgment to refine the material.

In other words, AI may not replace the drafting process, but it can dramatically change where the drafting process begins.

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Why Human Review Still Matters

Despite the productivity benefits of AI-assisted patent drafting, McElligott emphasizes that the technology still requires careful oversight.

One issue he highlights is variability. Running the same prompt through an AI system more than once may produce slightly different answers—sometimes revealing additional insights or issues that were not identified in the first output.

Because of this, attorneys must still review AI-generated material closely and verify the accuracy of the underlying analysis. The responsibility for the final work product remains with the attorney, even as AI tools accelerate the early stages of drafting.

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The Rapid Evolution of AI for Patent Drafting

Another striking takeaway from McElligott’s discussion is how quickly AI tools are improving. At Crowell & Moring, the firm’s innovation team evaluates new AI systems carefully before rolling them out to attorneys. 

When McElligott asked colleagues to describe the capability of an earlier internal tool, they used an analogy familiar to anyone in the legal profession. “That program is like a really good summer associate. They’re going to get an offer, but they haven’t really begun the practice of law just yet,” he said.

Two years later, the firm is preparing to introduce a newer AI system internally. When asked how the new tool compares to their last one, McElligott said it’s more like “a really good fourth year associate.” 

This rapid progression highlights the pace at which AI tools for patent drafting and legal analysis are evolving.

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What the Future of AI in Patent Drafting Could Look Like

Looking ahead, McElligott believes AI will continue to expand its role in the drafting process.

It’s now possible for AI systems to generate increasingly complete first drafts of legal documents—leaving attorneys to focus primarily on editing, verification, and strategic refinement.

Such a workflow delivers several benefits:

• Faster drafting timelines for patent applications and related filings
  
  
• Reduced friction at the beginning of drafting projects
  
  
• More time for attorneys to focus on legal analysis and strategy

For patent professionals, the biggest transformation may not be automation, but the elimination of the blank page.

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Conclusion

AI is already beginning to reshape how attorneys work. In patent drafting, its greatest impact may lie in accelerating the earliest stage of the writing process.

By generating outlines, highlighting issues, and producing early drafts, AI tools allow patent attorneys to move more quickly into analysis and refinement.

And if McElligott’s assessment proves accurate, one of the oldest challenges in legal writing may soon fade away.

Writer’s block, at least in patent drafting, may truly be on its way out.

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