This January, the U.S. Patent and Trademark Office published an Artificial Intelligence Strategy, announcing a broad framework of initiatives to establish the USPTO as a world leader in artificial intelligence (AI) and related IP policies. While the strategy doesn’t directly address the use of generative AI tools in patent practice, those considering a patent assistant solution like DeepIP should be encouraged by the USPTO’s positive stance on adopting AI technologies and promoting their responsible use across the legal industry.
The USPTO’s AI Strategy is comprised of five focus areas related to AI, including:
- Advancing developing of IP policies that promote inclusive AI innovation and creativity
- Building best-in-class AI capabilities by investing in agency IT
- Promoting the responsible use of AI across the innovation ecosystem
- Developing AI expertise within the USPTO’s workforce
- Collaborating with U.S. agencies, international partners and the public on shared AI priorities
Generally, the USPTO’s AI Strategy recognizes that the future of innovation will be driven by AI. Far from establishing new regulatory hurdles, the framework recognizes that advances in AI technologies will aid the agency’s own patent examination practices. The USPTO notes that annual filings of patent applications claiming AI-related inventions have increased by 33 percent since 2018, acknowledging issues with subject matter eligibility law but also laying the groundwork to capitalize on the sector’s immense potential.
Matters related to generative AI were not directly addressed in the USPTO’s AI Strategy, but the agency’s focus on promoting responsible AI use gives the clearest indication of DeepIP’s current compliance with USPTO policy. In the agency’s eyes, “AI will reshape the practice of law—including aspects of how IP practitioners serve clients.” To ensure AI is used in a beneficial manner, the USPTO intends to “take appropriate measures… consistent with practitioners’ responsibilities to provide competent and ethical representation to clients.”
Last April, the USPTO already clarified its views on the responsibilities of patent practitioners who are using generative AI tools within the agency’s current rules and policies on ethical representation. The duties of candor and good faith, confidential client communications and competent representation can be met by patent attorneys and agents who diligently apply the ethical standards of legal practice to AI use. Here at DeepIP, we have designed a platform that complies with data security and confidentiality standards set by professional standards for patent lawyers in the U.S. and the EU.
Patent agencies across the world are welcoming the benefits of AI for improving productivity and access to legal services for underserved communities. DeepIP is ready to show you how to begin implementing our AI Patent Assistant so that your practice can focus on increasing billable hours. Request a trial today to learn more!
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