USPTO Issues Guidance on AI Use for Applications

The office hopes to permit “good faith” AI use while curbing legal and ethical risks.

The U.S. Patent and Trademark Office (USPTO) posted a notice this month that issues guidance on the use of AI in trademark applications. The agency does not yet require applicants to disclose the use of AI in their submitted filings but reminds applicants to “be mindful of their duty of disclosure.”

“These tools have the potential to lower the barriers and costs of practicing before the office as well as helping law practitioners offer services to their clients with improved quality and efficiency,” the notice states. “As the use of AI continues to grow in the [intellectual property] community, it is essential to address the legal and ethical considerations that arise with the use of these technologies.”

One of the major risks of AI use is the unknown replication of legal and ethical mistakes embedded in the preexisting writings that AI pulls from in order to create AI-generated writing. The USPTO reminds applicants and lawyers that they will still be held accountable for all legal mistakes made in their applications, even if they were made by the use of AI.

As the Lord Leads, Pray with Us…

  • For Director Kathi Vidal as she oversees the U.S. Patent and Trademark Office.
  • For Secretary Gina Raimondo as she and Commerce Department officials seek to set the standards for artificial intelligence use in the U.S. market.

Sources: FedScoop, JD Supra, Reuters


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