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ARTICLE · 23 FEBRUARY 2024

Director Issues Guidance On Use Of AI For Documents Submitted To PTAB

Jones Day
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USPTO Director Katherine K. Vidal issued guidance on February 6, 2024 regarding the use of AI in drafting materials submitted to the USPTO's administrative boards, including the PTAB.

United StatesIntellectual Property
Carl Kukkonen III
Carl Kukkonen III
Stephanie Mishaga
Stephanie Mishaga
Pranita Dhungana
Pranita Dhungana
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USPTO Director Katherine K. Vidal issued guidance on February 6, 2024 regarding the use of AI in drafting materials submitted to the USPTO's administrative boards, including the PTAB. Of biggest concern in the guidance is the submission of false information to the PTAB possibly generated by AI. In the guidance, Director Vidal discusses certain USPTO Rules that practitioners are required to follow and identifies sanctions for violating same. Although the guidance highlights certain USPTO Rules relevant to the use of AI, Director Vidal cautions that these are just "exemplary and not exhaustive." Regardless of whether AI is used to generate PTAB submissions, the buck stops with the practitioner signing the submitted papers.

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