No, you cannot patent an invention or software that uses the source code of OpenAI's GPT-3.5. OpenAI's GPT-3.5 is a copyrighted software and is protected under intellectual property laws. The copyright owner, in this case, OpenAI, has exclusive rights to control the reproduction, distribution, and adaptation of the software.

While patents can be granted for software-related inventions, they must meet certain requirements to be eligible for patent protection, such as being novel, non-obvious, and useful. However, using someone else's copyrighted software as a basis for your invention would likely not meet these requirements and would be considered an infringement of the copyright owner's rights.

Therefore, if you want to develop an invention or software that uses the technology of OpenAI's GPT-3.5, you should consult with an intellectual property attorney to understand the legal implications and explore other options, such as licensing the software or developing your own technology.
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