Tuesday, April 23 2024   \  Published by JD Supra.

USPTO Issues New Guidance on Practitioners' Use of AI

USPTO Issues New Guidance on Practitioners' Use of AI

The USPTO's April 11, 2024, guidance clarifies how existing USPTO rules apply to the use of AI by practitioners when interacting with the USPTO.

The Existing Rules. The United States Patent and Trademark Office ("USPTO") describes its existing rules and regulations that are relevant to practitioners' use of artificial intelligence ("AI"), including the duty of candor and good faith, the signature requirement, the obligation to maintain client confidentiality, foreign filing regulations, and the USPTO's electronic filing system policies.

Human Verification Required. The USPTO emphasizes that practitioners must double check any work product generated by AI to ensure accuracy and relevancy under existing USPTO rules. Human verification is needed because of the potential for an AI tool to cite incorrect case law or facts in filings with the USPTO or provide a large amount of irrelevant prior art in an information disclosure statement, or IDS. Therefore, practitioners should always carefully review and verify any results generated by AI no matter the document the AI is used to generate. Read more

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