ARTICLE
20 January 2025

USPTO Releases Comprehensive Strategy Emphasizing Responsible Use Of AI

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Marshall, Gerstein & Borun LLP

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The U.S. Patent and Trademark Office (USPTO) has released a comprehensive AI strategy emphasizing the responsible use of artificial intelligence by both its workforce and those seeking patent or trademark protection.
United States Technology

The U.S. Patent and Trademark Office (USPTO) has released a comprehensive AI strategy emphasizing the responsible use of artificial intelligence by both its workforce and those seeking patent or trademark protection. Acting USPTO Director Derrick Brent highlighted the growing importance of AI, stating that the U.S. must lead globally in AI development, standards, policy, and deployment. The strategy outlines plans to ensure the USPTO remains at the forefront of AI innovation, with a focus on monitoring emerging AI-related issues, such as AI-generated prior art and AI-assisted inventions, while encouraging judicial positions that foster innovation.

The USPTO aims to enhance its internal use of AI tools and ensure employees are proficient and responsible in their application. To achieve this, the office will provide targeted training for patent and trademark examiners and enlist experts to support these efforts. Recognizing AI's expanding role in intellectual property, the USPTO noted a significant increase in AI-related patent applications, which now span 60% of technology subclasses. The agency plans to integrate AI fluency into its workforce as a baseline competency to better serve the public.

This initiative builds on the USPTO's recent guidance clarifying the role of human contribution in patent eligibility for AI-assisted inventions. With AI-related patent filings more than doubling since 2002 and continuing to rise, the USPTO's strategy underscores its commitment to shaping IP law and policy in alignment with technological advancements while fostering innovation responsibly.

Originally Published by LinkedIn

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