USPTO issues guidance concerning the use of AI tools by parties and practitioners

The U.S. Patent and Trademark Office (USPTO) is publishing guidance in the Federal Register(link is external)to inform practitioners and the public of the important issues that patent and trademark professionals, innovators, and entrepreneurs must navigate while using artificial intelligence (AI) in matters before the USPTO. The guidance reminds individuals involved in proceedings before the USPTO of the pertinent rules and policies, helps inform those same individuals of the risks associated with the use of AI systems, and provides suggestions to mitigate those risks.

As prompted by the Biden Administration's Executive Order on Artificial Intelligence (AI)(link is external), the guidance recognizes the ways in which the USPTO's existing protections address AI-related harms, and is one of the USPTO's numerous efforts, such as the AI/Emerging Technologies Partnership and the Inventorship Guidance on AI-Assisted Inventions, to address AI considerations at the intersection of innovation, creativity, and intellectual property. This guidance was first referenced in, and complements, the February 6, 2024, guidance on "The Applicability of Existing Regulations as to Party and Practitioner Misconduct Related to the Use of Artificial Intelligence."

"AI is a rapidly evolving landscape that requires responsible use and thoughtful policy," said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. "This guidance is part of our ongoing efforts to shape that policy. The requirements in existing USPTO rules serve to protect the integrity of our proceedings and to avoid delay and unnecessary cost, and they apply regardless of how a submission is generated."

The full text of the guidance is available in the Federal Register(link is external)and on our Artificial Intelligence webpage.