The United States Patent and Trademark Office (USPTO) has announced the "Automated Search Pilot Program" to evaluate the impact of sharing AI-generated search results with applicants before substantive examination. The program leverages an internal AI tool to identify and rank relevant prior art from U.S. and foreign patent databases, aiming to provide applicants with earlier insight into potential prior art issues and to improve examination quality and efficiency.
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Eligibility: Original, noncontinuing,
nonprovisional utility patent applications filed electronically in
Patent Center in DOCX format. Participation also requires
enrollment in the Patent Center Electronic Office Action
Program.
- Timing of Pilot
Program: From October 20, 2025, until April 20, 2026, or
until each Technology Center (TC) has accepted at least 200
applications or at least 1600 applications across TCs.
- How to Opt In: Applicants must file a petition using USPTO Form PTO/SB/470 on the same day as the application, accompanied by the petition fee set forth in 37 CFR 1.17(f), which, as of this article's publication, is $450 for large entities, $180 for small entities, and $90 for micro entities.
There is no obligation to respond to the Automated Search Results Notice (ASRN). While the ASRN lists up to 10 relevant documents, applicants are not required to separately list these references on an Information Disclosure Statement (IDS) unless they are relied upon in a rejection or cited by the applicant in compliance with 37 CFR 1.97 and 1.98. The documents will only be cited on the face of the patent if made of record by the examiner or cited on an IDS.
Benefits and Practical Tips
For patent counsel, the pilot offers an opportunity to assess patentability early and potentially streamline prosecution. The tool may be useful for applications where early identification of prior art could inform claim strategy or prompt amendments before examination. The pilot may be less helpful for highly complex inventions or those requiring nuanced prior art analysis, where outside search firms can provide tailored, in-depth searches and expert opinions. While the USPTO's AI tool offers speed and integration with the examination process, outside search firms may deliver broader coverage and strategic insights. Thus, the cost, speed, and thoroughness of the USPTO's AI tool vs outside search firms should be considered on a case-by-case basis.
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