The U.S. Patent and Trademark Office within the Department of Commerce has issued guidance on the use of artificial intelligence technologies in proceedings and other matters before the USPTO.
The guidance reminds practitioners and the public of the rules and policies relevant to AI use in practice before USPTO, informs them of the risks associated with the use of the emerging technology and suggests measures to mitigate those risks, the agency said Wednesday.
“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,” said Kathi Vidal, undersecretary of commerce for intellectual property and director of the USPTO.
In a notice published in the Federal Register, the USPTO acknowledged the possibility of using AI in preparing and prosecuting patent and trademark applications and other filings before the office but highlighted the need to address risks related to AI use through technical mitigations and human governance.
“We will continue to listen to stakeholders on this policy and on all our measures to use AI responsibly and safely to democratize and scale U.S. innovation, creativity, and entrepreneurship,” Vidal said.
In February, the USPTO released guidance on determining the patentability of an invention created with the assistance of AI systems in response to President Biden’s executive order on the safe, secure and trustworthy development and use of AI.
