Published on: 02/06/2024 16:45 PM
USPTO clarifies guidance to judicial Boards on holding parties responsible for the misuse of AI in legal proceedings
As part of continued efforts to shape AI policy, agency notes existing rules apply when AI is used in drafting of legal submissions
The use of artificial intelligence (AI) by those appearing before the U.S. Patent and Trademark Office (USPTO) provides opportunities to expand access to our innovation ecosystem and lower costs for parties and practitioners, while reinforcing the importance of using these tools responsibly.
“AI is a rapidly evolving landscape that requires responsible use and thoughtful policy,” remarked Director Vidal. “This guidance is part of our ongoing efforts to shape that policy. The requirements in existing USPTO rules serve to protect the integrity of our proceedings and to avoid delay and unnecessary cost, and they apply regardless of how a submission is generated.”
Over the coming months, the USPTO will be publishing a notice in the Federal Register providing more guidance to the public and to other USPTO business units concerning the use of AI tools by parties and practitioners.
As for the broader policy at the intersection of AI and intellectual property (IP), the USPTO continues to be actively involved in the development of domestic and international measures related to AI for all forms of IP. As outlined in President Biden’s Executive Order on Safe, Secure, and Trustworthy AI, the USPTO will soon be releasing guidance on inventorship of AI-enabled innovations, will seek further comment on other aspects of patentability, and will issue recommendations for executive action related to copyright and AI. The USPTO is working with Secretary of Commerce Gina Raimondo and other federal agencies to guide U.S. administration policy on AI and IP topics such as: the use of data in AI training; transparency and regulatory disclosures; trade secret protection; and the legal implications of AI-generated content.