On January 25, 2025, the United States Patent and Trademark Office (USPTO) unveiled an official artificial intelligence (AI) strategy, aiming to outline the internal and external challenges the office faces as AI influences innovation and various aspects of society. According to the report, AI-related patent applications have increased by 33% since 2018, with AI expected to appear in 60% of technical subclasses by 2023.

The strategy is divided into five "key areas":

Advancing Intellectual Property Policies to Foster Inclusive AI Innovation and Creation.

Building World-Class AI Capabilities through Investments in Computational Infrastructure, Data Resources, and Business-Driven Product Development.

Promoting the Responsible Use of AI within the USPTO and the Broader Innovation Ecosystem.

Developing AI Expertise within the USPTO Workforce.

Collaborating with Other U.S. Government Agencies, International Partners, and the Public on Shared AI Priorities.

As part of the first key area, the strategy states that the USPTO will continue to release policies and recommendations following its AI guidelines. In July 2024, the office published updated patent eligibility guidelines directly addressing the impact of AI. In February 2024, the USPTO also released guidelines regarding the inventor eligibility for AI-assisted inventions. The newly released strategy notes that the USPTO will continue to issue such recommendations based on stakeholder feedback and advancements in AI technology in the fields of patents, trademarks, and copyrights, continuing to work with the U.S. Copyright Office, which has also been studying AI's impact. In August 2024, the Copyright Office released part one of a broader report addressing issues related to the explosive use of generative AI platforms. The second and third parts of this report were expected to be released by the end of 2024 but have not yet been published.

The strategy also mentions that the USPTO plans to strengthen its AI expertise by hiring "examiners with AI experience and expertise" and offering AI training to current staff. As of June 2024, nearly 80% of USPTO patent examiners had used AI features, such as “more similar documents” and “similarity searches,” in over 480,000 cases. Between January and May 2024, USPTO staff participated in approximately 19 in-person or virtual demonstrations of AI-related technologies, with each event attracting an average of over 400 attendees.

Moreover, because AI impacts all technological sectors, including trademarks and patents, the USPTO plans to create a curriculum for examiners in both areas, offering "basic AI fluency training." The USPTO stated, "We have already invested significant resources to develop and design AI courses tailored to our specific needs." The recruitment goals for AI will be tailored to attract candidates skilled in AI, including through Biden's authorized AI and technology talent workforce.

In terms of collaboration, the strategy considers consulting on AI-related topics with “academia, independent inventors, small businesses, industry, IP professionals, government agencies, trade associations, and international bodies.” The office has established the AI/ET Partnership, and as of May 2024, over 4,000 individuals had participated in its activities. The Biden administration's executive orders and overall AI strategy have, to some extent, driven the USPTO's interagency collaboration efforts; however, how this focus will evolve under the incoming Trump administration remains unclear.

The strategy also emphasizes the importance of maintaining public trust as AI tools are increasingly used. In April 2024, the USPTO issued guidelines for practitioners on using AI tools when preparing submissions to the office. Two months later, the office released a memorandum on the misuse of AI tools at the USPTO and the Trademark Trial and Appeal Board (TTAB) and Patent Trial and Appeal Board (PTAB), clarifying the applicability of existing rules to AI applications. The strategy notes that the April guidelines were "the first time the USPTO specifically addressed the use of AI in its legal practice."

Derrick Brent, Acting Director of the USPTO, stated in the press release: “We have a responsibility to promote, empower, and protect innovation. Developing a strategy to harness the power of AI while mitigating risks provides a framework for driving innovation and intellectual property forward.” (Source: ipwatchdog.com)