Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

USPTO AI Guidance Highlights Risks for Practitioners and Public

IP Watchdog: “The U.S. Patent and Trademark Office (USPTO) today announced guidance for practitioners and the public regarding the use of artificial intelligence (AI) in the preparation of filings for submission to the Office. The guidance comes two months after the Office 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. That guidance was in part prompted by Supreme Court Chief Justice John Roberts’ 2023 year-end report, which acknowledged both the benefits and dangers of AI in the context of the legal profession. It also noted President Biden’s Executive Order on Safe, Secure, and Trustworthy AI, which directed the USPTO Director to issue recommendations to the President, in consultation with the Director of the Copyright Office, on potential executive actions to be taken relating to copyright and AI. Today’s draft Federal Register Notice builds upon the February guidance and is aimed at reminding professionals, innovators, and entrepreneurs of the existing USPTO rules that protect against the potential “perils” of AI. These include the Duty of Candor and Good Faith; the Signature Requirement; Confidentiality of Information; Foreign Filing Licenses and Export Regulations; existing electronic systems’ policies; and duties owed to clients…”

Sorry, comments are closed for this post.