I understand you're interested in determining whether you can patent an invention or software that uses GPT-3.5's technology, but there are a number of important legal aspects to consider:

1. OpenAI owns the rights to GPT-3.5, so using their technology may infringe on their intellectual property. You should investigate whether obtaining a license from OpenAI would be feasible and necessary for your purposes. If so, you'll need to follow their process for licensing the technology.
2. Software inventions have specific criteria for patentability, including novelty, non-obviousness, and specific practical application. Whether your invention meets these criteria will depend on the details of your concept. A patent attorney can evaluate your idea and determine its patentability.
3. The patent application process can be complex, and the rules vary in different countries/jurisdictions. Working with a patent attorney is essential to navigate the process and maximize your chances of being granted a patent.

Given these significant legal issues, I highly recommend consulting with a patent attorney to get tailored guidance on your situation. An attorney can help you understand the risks, determine the viability of patenting your invention, and guide you through the proper steps. Does that help clarify the key points to consider? Let me know if you have any other questions.
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