The U.S. Patent and Trademark Office acknowledges that artificial intelligence is likely being used in the preparation and filing of applications, and cautions those involved in Patent and Trademark Office proceedings about the rules and policies that apply to the use of the technology. is evoking.
In a notice published in the Federal Register on Thursday, the U.S. Patent Office provides risk mitigation and special considerations when AI is used “in connection with USPTO practices,” as well as related to the agency's processes. Published guidance focused on full and accurate disclosures from individuals working with AI. ” The Office does not currently require individuals who submit information to the U.S. Patent and Trademark Office to disclose the use of AI in the drafting of documents submitted to the Office, but “Applicants and practitioners are subject to disclosure obligations.” “We should keep this in mind.”
The agency stated that confidentiality and national security considerations must be kept in mind when using AI in applications, as well as adherence to good faith practices and the threat of fraud at the intersection of AI and USPTO processes. He said there is a need to remind innovators and entrepreneurs that there is a The USPTO stated that the guidance “is not intended to be exhaustive,” emphasizing that the notice is primarily a reminder of the obligation to comply with existing precedent, law, and regulation.
“These tools have the potential not only to lower the barriers and costs of in-office practice, but also to enable legal practitioners to serve their clients with improved quality and efficiency,” the notice states. is stated. “As the use of AI continues to expand globally, [intellectual property] It is essential for communities to address the legal and ethical considerations that arise with the use of these technologies. ”
Thursday's post follows the USPTO's existing rules regarding “candor and honesty,” which individuals are responsible for following in their interactions with the agency. The Office explains that responsibilities in applications include disclosing all information known to the individual regarding the patentability of the material, filing petitions with the Director, and all other correspondence with patent examiners. .
The USPTO pointed to word processing software and other computer tools with generative AI capabilities. According to the notification, fully drafted documents or documents created with the assistance of Gen AI tools must be reviewed and verified to ensure accuracy and no illusions or omissions of information. be.
The USPTO recently announced its intention to award approximately $70 million to industry partners for AI patent search tools, and at the same time, the agency will give inventors a We have also published further guidance on how to proceed.
USPTO Chief Information Officer Jamie Holcomb said in an interview with FedScoop on Wednesday that the agency currently operates three internal AI use cases, including classification, search, and fraud detection. Holcomb said that once the agency sees a “small-scale” use of AI demonstrated, it will look to see if the tool is scalable.
“You need to know the agency culture to apply the right toolset,” Holcomb says. “If you have a more traditional, conservative culture that doesn't take risks, you should go slow; if you have risk-takers, you should go fast. But remember, go big. Don’t fail, fail small.”
