Artificial intelligence (AI) in intellectual property is as great – and as rapidly evolving – a subject as ever. On January 14, 2025, the American Patent and Brands Office (USPTO) published a Artificial intelligence strategy (“USPTO AI strategy”) Document which explains how the objective (s) of the USPTO “AIM (s) to meet the promise and challenges of AI through intellectual property policy (IP), agency operations and the broader innovation ecosystem ”.
The management specifies that the USPTO will take is still uncertain. The USPTO AI strategy was developed in alignment with the executive decree of October 2023 of President Biden on AI, entitled “A development and the use of artificial intelligence.(1) However, the executive decree of October 2023 was revoked by the executive decree of President Trump Trump entitled “Racscresses Inicille orders and notably. “On January 23, 2025, President Trump published a new AI decree entitled” The abolition of obstacles to American leadership in artificial intelligence “, which called for the development of an artificial intelligence action plan in 180 days following the order. Support and improve the global domination of American AI in order to promote human development, economic competitiveness and national security. The USPTO AI strategy can be affected by the institution of a new administration.(2)
In the current state of things, the USPTO AI strategy defines the vision and mission of the USPTO AI in the following five areas of intervention:
- Advance the development of IP policies which promote the innovation and creativity of inclusive AI.
The USPTO AI strategy reiterates USPTO’s commitment to advance a positive future for AI and recognizes that the USPTO plays an essential role in advancement supports innovation in AI.
In this spirit, the USPTO discusses the need to anticipate and react effectively to the emerging IP policy problems linked to AI such as the implications that generating AI can play in the inventive process and its impacts on the Inventor, admissibility to the object, evidence, activation and written description. The development and use of AI systems also have an impact on political considerations for brands, copyright and secret laws.
The USPTO also aims to study the interaction between IA innovation, economic activity and IP policy by carrying out economic and legal research on the impacts of intellectual property policy on innovation linked to the ‘IA and by direct commitment with researchers, practitioners and other stakeholders. The USPTO also encourages inclusion in the IA innovation ecosystem by promoting the involvement of educational establishments and their participants and contributing to the development of broader intellectual property policies.
- Build AI’s best capacities in class by investing in IT infrastructure, data resources and the development of companies focused on companies.
The USPTO AI strategy also involves using AI innovation to stimulate USPTO’s computer portfolio in order to increase operational efficiency and empower their workforce.
In Their Ai Strategy, The Uspto discussion A-Driven Systems that have been implemeted at the uspto include a ai system for analyzing nonprivisional utility patent apps to help identify patent classifications, Assting Patent Examinants in Retrieving Potential Prior Art, and Providing Virtual Assistant to Entrepreneurs with the USPTO. The USPTO plans to extend the use of AI tools in brands examination processes and to design. At Mintz, we have followed the use of AI tools in patent examination, including the USPTO AI implemented the “similarity search” for the USPTO(3) as well as the development of AI technology that could help improve the productivity of your business internal IP processes.
To rely on its AI capabilities, the USPTO indicates that it will have to improve the USPTO calculation infrastructure and IT systems.
- Promote responsible use of AI in the USPTO and through the wider innovation ecosystem.
Given the principles of responsible AI: security, equity, transparency, confidentiality, reliability and responsibility, the USPTO aims to promote responsible use of AI within the USPTO thanks to the development of products aligned by value , at the attenuation of risks and the transparent communication of stakeholders. To maintain public confidence, the USPTO aims to ensure that the supply, selection and use of data in USPTO AI initiatives are done while respecting equity, rights and freedoms Civilians in a legal, ethical and transparent way. Likewise, the USPTO will set up the responsible development of AI and clearly communicate the advantages and limits of AI systems to stakeholders.
The USPTO will also strive to promote compliance with IP laws and policies as part of the IA responsible practice.
- Develop IA expertise in the USPTO labor.
The USPTO AI strategy includes the training extended to USPTO examiners in order to deal with AI -related subjects in examination of patents and brands.(4) This will include the development of basic programs that are made available to all examiners – not just those who examine the basic IA technologies. The examiners will have access to technical training to expand their knowledge on AI and the USPTO will aim to attract and recruit examiners with history of AI. Additional training will be provided to each USPTO commercial unit, including judges of the Patent trial and call commission (PTAB), in order to meet their individual needs.
- Collaborate with other US government agencies, international partners and the public on AI shared priorities.
The USPTO AI strategy indicates a dedication to a collaborative approach to develop the USPTO AI policy and technology. The USPTO aims to collaborate with the public, other agencies and international partners on IA issues with an impact on the world IP system.
Conclusion
With these key intervention areas, the USPTO AI strategy emphasizes the USPTO’s vision to release American potential thanks to the adoption of AI in order to drive and extend American innovation, inclusive capitalism and global competitiveness. The USPTO AI strategy emphasizes the unique considerations that the development of AI technology brings to legal policies and considerations. Although the change in presidential administrations should affect the implementation of the USPTO AI strategy, there is no doubt that this will continue to be an important subject in the predictable future.
At Mintz, we expect 2025 to continue to make progress in AI and we plan to see a corresponding increase in the new intellectual property linked to AI. The USPTO AI strategy indicates that the annual patent requests related to AI have increased by more than 33% since 2018 only and take place largely in 60% of the technological subclasses of the USPTO. At Mintz, we provide expertise to develop portfolios linked to patents, brands, copyright and commercial sectors related to AI in various life sciences industries, medical devices, climate, ‘energy, vehicles, etc.
Do not hesitate to contact us to help determine the best practices to provide complete protection of intellectual property for AI -related technologies.
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