Updates from USPTO Leadership

Applications of AI


With artificial intelligence speeding up the innovation process, what does it mean for invention and a well-balanced patent system?

Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and USPTO Director

AI-invented graphics

Artificial intelligence (AI) is one of the most powerful technologies of our generation, and it presents enormous opportunities and risks. At the USPTO, we are committed to responsibly introducing new AI into our workflows and organizational excellence, working closely with the Department of Commerce across government on AI.

Expanding the role of AI in innovation and the potential for AI to dramatically impact our lives and improve national competitiveness, economic prosperity and national security through AI and Emerging Technologies (ET) partnerships. We also look into gender. Our AI/ET partnership supports the Biden administration’s whole-of-government approach to AI, including the National AI Initiative to advance U.S. leadership in AI.

As AI plays an ever-greater role in innovation, and given recent progress and current trajectory in AI innovation, we face new challenges. If an AI system can contribute to inventions on the same level as humans, can the invention be patented under current law? Allowing AI systems to be listed as inventors will encourage innovation. Should the USPTO require applicants to explain the contribution of AI systems to inventions claimed in patent applications? Here are some of the questions we are asking in

Over the past few years, the USPTO has explored these and other issues regarding the role of AI in innovation. And we know that role is increasing. We recently analyzed all patents to explore the impact of artificial intelligence on US and global technology development. It turns out that artificial intelligence was involved in his 80,000 of Google’s utility patent applications in 2020. This is a 150% increase from 2002. AI currently appears in 18% of all utility patent applications received by Google, and appears in over 50% of all technology researched by Google. USPTO.

This data confirms that AI is critical to innovation in all industries and all regions of the country. And we know there are many questions related to AI and inventorship.

AI has the potential to help our health in many ways, from revolutionizing drug discovery and development processes to tackling climate change. There are also potential drawbacks, some of which may not yet be recognized.It is important to take a cautious approach and listen to feedback on these important issues.

So we need your input on how the U.S. government should deal with AI-powered innovation. We also need to ensure that U.S. laws and policies continue to encourage and incentivize innovation without unduly locking down easily discoverable advances through the use of AI. Our lessons will help shape future work on AI and ET policy at the USPTO and inform the US government’s broader approach to these critical technologies.

Listening sessions are scheduled for April 25 at USPTO headquarters in Alexandria, Virginia and May 8 at Stanford University to learn about the impact of AI on the invention process and intellectual property. You can attend both sessions in person or virtually. Make the recording available later. And planning is already underway for our next AI and Emerging Technology (ET) partnership event later this summer. It will focus on how the USPTO uses AI tools responsibly. Information about all these events can be found on the AI ​​and ET Partnerships page of the USPTO website.

We would appreciate it if you could join us for an upcoming listening session and send us your feedback in the Request for Comments before May 15th. I look forward to hearing from you.



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