DC IP Lawyers make note: The USPTO released fresh guidance on February 6, 2024, clarifying existing rules and policies for using AI in submissions to the PTAB and TTAB. Building on this, the USPTO has now provided additional guidance in the Federal Register, crucial for patent and trademark professionals navigating AI use in USPTO matters.
Recognizing widespread AI use in patent and trademark processes, the guidance reiterates pertinent rules and policies while highlighting associated risks and suggesting mitigation strategies. While the USPTO aims to harness AI’s benefits, it emphasizes the need for technical and human safeguards to counter potential risks.
Warning sternly against fraud or misconduct, the guidance underscores the duty of candor and good faith for all involved in USPTO proceedings. It cautions against unauthorized use of AI tools on USPTO platforms, citing legal repercussions and monitoring measures.
Key points in the updated guidance include:
- Broad application of USPTO rules regardless of AI assistance.
- No general prohibition on AI tool use, but disclosure required if material to patentability.
- Emphasis on duty of candor and good faith, extending to AI tool use.
- Requirement of manual signature on submissions, ensuring human oversight.
- Confidentiality concerns regarding AI systems and client data.
- Compliance with foreign filing licenses and export regulations.
- Adherence to USPTO electronic systems’ policies, with penalties for violations.
- Limitations on AI systems’ access to USPTO accounts and data.
- Responsibility of practitioners to maintain competence and diligence, especially regarding AI use.
DC IP Lawyers must ensure adherence to these guidelines to navigate AI’s role effectively in USPTO matters, safeguarding client interests and upholding professional standards.