Use of AI-based tools are permitted, but parties
should use caution to ensure compliance with all duties and
obligations
Recognizing that AI tools are already being used by parties
practicing before the USPTO, this week the USPTO published guidance
concerning the use of AI-based tools in practice. The guidance
highlights existing rules and obligations, which apply regardless
of whether AI tools are used, and indicates instances where use of
AI tools may present unique risks. Key takeaways are summarized
below. The full text of the guidance can be found here.
Drafting Documents for Submission to the USPTO
Use of AI tools to assist in preparing documents for submission
to the USPTO may be advantageous, but parties practicing before the
USPTO have an obligation to carefully review the documents prepared
using AI tools to ensure the documents comply with USPTO rules and
policies.
