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USPTO launches new AI Pilot for pre-examination utility application search
ALEXANDRIA, VA—In furtherance of the U.S. Patent and Trademark Office’s (USPTO) steadfast commitment to dramatically improve examination quality, response time, and efficiency, the agency today announced the launch of its Artificial Intelligence Search Automated Pilot (ASAP!) Program. The ASAP! Program will test the USPTO’s internal artificial intelligence (AI) tool’s efficacy for conducting pre-examination prior art searches.
“To the Senate Judiciary Committee and inventors of all stripes, I promised to ‘lean-in’ to AI,” said John A. Squires, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “Our ASAP! announcement today is the first of many planned AI pilots designed to help examiners and applicants alike ensure their patents are born strong. Quality starts at filing—and our enterprising examiners have developed a cadre of new tools that re-imagine workflows and attack thorny chokepoints that constrain productivity, throughput, and ultimately quality for new applicants. ASAP! is intended to foster common ground in the first instance. This is us leaning-in. Watch this space.”
The new pilot will provide applicants with an initial communication identifying a “top ten list” of potential prior art issues in need of attention. By generating an AI-Assisted Search Results Notice (ASRN), ASAP! will afford applicants an early opportunity to assess their claims against the prior art before substantive examination. Indeed, the pilot will look to inform applicants of potential courses of first action responses such as:
- Filing a preliminary amendment;
- Marshaling evidence for affidavit practice and notice taken by the USPTO;
- Requesting deferral; or
- Filing petitions, including express abandonment, to seek a refund of certain fees if examination is no longer desired.
The USPTO will conduct its automated search using an internal AI system that derives contextual information from the classification of the application under the Cooperative Patent Classification (CPC) system, as well as from the specification, claims, and abstract of the application.
The USPTO will utilize the pilot results to assess outcomes for pre-examination searches, evaluate the scalability of generating the ASRN, and collect data to inform next steps and companion pilots. To participate in ASAP!, applicants will be required to file a specific petition accompanied by a petition fee.
For more information on the USPTO’s ASAP! Program, view the Federal Register Notice.
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