USPTO affirms existing regulations for AI-assisted submissions

The US Patent and Trademark Office reaffirms existing regulations apply to AI-assisted submissions. Adherence to established rules is crucial for patent and trademark professionals incorporating AI into their work. The guidance, addressing risks like cybersecurity, emphasizes the importance of compliance to safeguard proceedings’ integrity.

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The US Patent and Trademark Office (USPTO) has restated that current regulations will control submissions aided by AI. Targeting patent and trademark experts, the announcement stresses compliance with established rules when integrating AI into their practices. Expected to be printed in the Federal Register, the guidance identifies situations where existing statutes are relevant, such as using AI software for document creation and fulfilling disclosure obligations.

Formulated through input from stakeholders and a thorough review of existing regulations, the guidance brings attention to AI-related risks, such as cybersecurity and data privacy issues. Breaches of USPTO regulations due to inappropriate AI utilization could lead to penalties, including account suspension and legal consequences.

Kathi Vidal, the USPTO’s under secretary of Commerce for Intellectual Property, emphasized the significance of respecting current rules to uphold the integrity of procedures and reduce expenses, irrespective of the submission approach.

Why does it matter?

This announcement corresponds with prior advice on AI-supported innovations prompted by President Biden’s Executive Order on AI, illustrating USPTO’s dedication to shaping AI policy and promoting responsible AI usage to advance intellectual property and innovation. Collaboration with federal entities, including the Department of Commerce, strengthens endeavors to navigate AI’s impact on intellectual property.