USPTO Issues Its First AI-Predicated Discipline Order Involving Hallucinated Cites to Intrinsic Record

USPTO issued its first AI-predicated discipline order, publicly reprimanding California patent attorney Brian Mitchell for submitting a claim construction chart with AI-generated hallucinated citations to intrinsic patent record in Magpul Industries Corp. v. Mission First Tactical Group. Mitchell violated USPTO rules regarding competence, diligence, misrepresentation, and conduct prejudicial to justice. Despite prompt correction and no court sanctions, USPTO's Office of Enrollment and Discipline found violations, establishing precedent for AI citation errors beyond case law to include patent specifications and prosecution histories.