USPTO Presents AI Strategy as AI Patent Applications Soar by 33%

The U.S. Patent and Trademark Office (USPTO) today announced an official Artificial Intelligence Strategy aimed at outlining the challenges faced by the Office both internally and externally as the reach of AI impacts all aspects of innovation and society. According to the report, AI-related patent applications are up 33% since 2018 and appeared in 60% of all technology subclasses in 2023.

The strategy is organized into five “focus areas”:

1. Advance the development of IP policies that promote inclusive AI innovation and creativity.
2. Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development.
3. Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.
4. Develop AI expertise within the USPTO’s workforce.
5. Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.

As part of the first focus area, the strategy says the USPTO will continue to issue policies and recommendations along the lines of the AI guidance it has already rolled out. In July 2024, the Office issued updated patent eligibility guidance to more directly address the implications of AI and in February 2024 it published guidance on determining inventorship of AI-assisted inventions. The strategy published today said it will continue to issue such recommendations based on stakeholder feedback and advancements in AI technology moving forward across patents, trademarks and copyrights, the latter on which it will continue its collaboration with the U.S. Copyright Office. The Copyright Office has also been studying the implications of AI, and in August 2024 published Part I of a broader report on issues related to the exploding use of generative AI platforms. Parts II and III of the report were expected by the end of 2024 but have yet to be released.

Source: USPTO AI Strategy

The Office also plans to bolster its AI expertise by hiring examiners “with AI experience and expertise,” according to the Strategy, in addition to providing AI training to the existing workforce. The Office noted that, as of June 2024, “nearly 80% of USPTO patent examiners had used AI-powered features such as More-Like-This-Document and Similarity Search across over 480,000 cases” and that “between January and May 2024, USPTO employees attended, in-person or virtually, approximately 19 live presentations on AI-related technologies,” with each presentation attracting an average of over 400 employees.

Furthermore, since AI has implications for all technology sectors and trademarks as well as patents, the Office plans to develop curricula to train examiners in both departments in a “baseline level of foundational AI fluency” and noted that it has “already invested substantial resources in developing and curating AI curricula tailored to our specific needs.” Hiring goals for AI will be tailored to attract AI-skilled candidates, including via the Biden-mandated AI and Technology Talent Task Force.

With respect to collaboration efforts, the Strategy contemplates future consultations on the subject of AI with “academia, independent inventors, small businesses, industry, IP practitioners, government agencies, trade associations, and international bodies.” The Office already has an AI and Emerging Technologies Partnership (The AI/ET Partnership) and notes in the report that more than 4,000 people have joined the Partnership’s events as of May 2024. Its inter-agency collaboration efforts have been driven in part by the Biden Administration’s Executive Orders and overall AI Strategy; how this focus will evolve under the incoming Trump Administration is unclear.

The Strategy also highlights the importance of maintaining public trust amid the increased use of AI tools. In April 2024, the Office released guidelines for practitioners on the use of AI tools in the preparation of filings for submission to the Office, two months after it issued a guidance memorandum for the Trademark and Patent Trial and Appeal Boards (TTAB and PTAB) on the misuse of AI tools before the Boards that clarified the application of existing rules to AI submissions. The Strategy noted that the April guidance was “the first from a Federal agency to specifically address AI’s use in legal practice before the agency.”

“We have a responsibility to promote, empower, and protect innovation,” said USPTO Acting Director Derrick Brent in a press release issued today. “Developing a strategy to unleash the power of AI while mitigating risks provides a framework to advance innovation and intellectual property.”

Image Source: Deposit Photos
Author: Frank-Peters
Image ID: 29123921