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ARTICLE · 23 FEBRUARY 2024

USPTO Warns Against Blind Reliance On Artificial Intelligence

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U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal recently released a memorandum on the subject of the use of artificial intelligence (AI)...

United StatesIntellectual Property
Randy J. Pummill
Randy J. Pummill
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U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal recently released a memorandum on the subject of the use of artificial intelligence (AI) by parties during proceedings before the Trademark Trial and Appeal Board (TTAB) and the Patent Trial and Appeal Board (PTAB).1 In the memo, Director Vidal warns that parties are responsible for the content of their filings before the Boards, even when assisted by AI.

Concerns About AI Misuse

Director Vidal begins by recognizing that AI has already presented challenges for judges in other forums.2 While Chief Justice John Roberts has observed that AI "has great potential to dramatically increase access to key information for lawyers and non-lawyers alike," AI may also present false information as fact.3 For example, in a widely reported incident, in the Southern District of New York a lawyer turned in a brief including citations to cases that were made up or "hallucinated" by a popular AI tool.4 Last year, two

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