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ARTICLE · 07 MAY 2024

USPTO Embraces AI Tools In New Guidance

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On April 11, 2024, the USPTO published its "Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States" in the Federal Register (the "Guidance"). As the title suggests...

United StatesIntellectual Property
Andrew M. Spitzer
Andrew M. Spitzer
William H. Frankel
William H. Frankel

What You Need to Know

Key takeaway#1

The USPTO has taken an approach focused on human governance and technical mitigations

Key takeaway#2

The new guidance reminds practitioners of the relevant ethical considerations and Patent Office rules that are implicated by the use of AI

On April 11, 2024, the USPTO published its "Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States" in the Federal Register (the "Guidance"). As the title suggests, the document provides additional opinions and guidance from the USPTO on the use of AI tools for prosecuting patent and trademark applications before the USPTO.

While the Guidance specifically recognizes the potential for AI tools to bring great benefits to society, it also recognizes the need to "cabin the risks from the use of AI in practice" through "human governance" and "technical mitigations." Those two checks on AI serve as the overall theme of the guidance.

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