USPTO’s AI-Based Search Tools Send Warning To Patent Applicants

The US Patent and Trademark Office’s Federal Register notice announcing its opt-in automated search pilot program is another step in the growing use of artificial intelligence in patent examination. It should prompt applicants to understand the long-term potential of AI-based prior art searching tools, their likely impact on the examination process, and what actions they can take to position today’s applications for a potentially disruptive future.

The automated search tool uses an application’s cooperative patent classification designation, specification, claims, and abstract to identify up to 10 potentially relevant prior art documents, according to the October 2025 notice. Applicants can consider these references before formal examination and, if appropriate, amend their claims to expedite prosecution and overcome obstacles posed by the AI-identified references.