Summary of the USPTO Artificial Intelligence Strategy (January 2025)

The U.S. Patent and Trademark Office (USPTO) has announced its strategy for addressing important issues at the intersection of artificial intelligence and intellectual property rights. Although primarily concerned with the direction the USPTO is setting for itself with respect to these issues, the strategy document also provides direction for companies that interact with the USPTO. Companies should consider:

• leveraging AI tools to enhance the preparation and submission of patent and trademark applications, ensuring alignment with emerging USPTO policies on AI-driven innovations
• participating in USPTO initiatives, such as the AI and Emerging Technology Partnership, which can provide valuable opportunities to contribute to policy development and help to stay informed about evolving guidelines for AI-related filings
• prioritizing ethical AI practices and compliance with IP laws by adopting responsible approaches to data sourcing and thoroughly documenting AI system contributions to align with the USPTO’s focus on responsible AI use.

The USPTO recognizes artificial intelligence (AI) as a transformative force with the potential to revolutionize society, the economy, and innovation processes globally and, despite its immense promise — such as accelerating healthcare breakthroughs, driving sustainable solutions to climate change, and fostering economic growth -- poses significant risks. These risks include ethical challenges, the misuse of intellectual property (IP), and the potential for biased or opaque decision-making. 

The USPTO seeks to adapt its policies and operations to foster innovation responsibly, integrate AI effectively within its operations, and support an inclusive and competitive AI ecosystem. The USPTO’s goals focus on advancing IP frameworks, enabling efficient operations through AI, and leveraging AI to make the innovation system accessible to all.

The USPTO’s AI strategy revolves around five focus areas, each targeting specific objectives to advance the integration of AI in IP management and foster responsible AI innovation.

1.    Advancing the Development of IP Policies that Promote Inclusive AI Innovation

• Action 1.1: Anticipating and addressing emerging AI-related IP policy challenges by monitoring AI advancements, issuing policy guidance, and shaping judicial precedents that balance innovation incentives with IP protection. The USPTO will conduct horizon-scanning activities to identify new technological trends and their implications for IP law, ensuring the USPTO remains proactive in shaping policies that foster innovation while addressing potential misuse of IP systems.
• Action 1.2: Conducting research on AI’s interplay with economic activity and IP policy, leveraging datasets like the AI Patent Dataset to analyze trends in AI innovation. This research will involve collaborations with economists, technologists, and policy experts to map AI’s impact across industries and to identify gaps in current IP protections. Insights will inform future policy adjustments and foster data-driven decision-making.
• Action 1.3: Encouraging broader participation in the AI ecosystem by expanding STEM education, promoting resources for underrepresented communities, and advocating for inclusive federal policies. Specific initiatives will include partnerships with schools to integrate AI-related curricula, mentorship programs for underrepresented groups, and targeted outreach to Historically Black Colleges and Universities (HBCUs) and Minority Serving Institutions (MSIs) to cultivate a diverse AI talent pipeline.
• Action 1.4: Collaboration with Congress, government agencies, and international partners to shape comprehensive AI-related IP policies and ensure robust, enforceable protections. This will include contributing to legislative discussions, engaging with international bodies on harmonizing AI and IP standards, and promoting cross-border cooperation to address global challenges such as AI-driven IP theft and the ethical use of generative AI tools.

2.    Building Best-in-Class AI Capabilities

• Action 2.1: Strengthening computational infrastructure and data resources, ensuring scalability and resilience to meet growing demands for AI-enabled operations. This will include investing in advanced cloud-based systems and high-performance computing resources capable of supporting AI training and deployment across large datasets.
• Action 2.2: Pursuing mission-focused AI innovation, aligning projects with the USPTO’s operational needs while leveraging stakeholder input. Examples include the development of AI-powered patent search tools and systems for automated document classification, streamlining the examination process and improving accuracy.
• Action 2.3: Integration of AI tools with business processes and prioritizing user-friendly designs to maximize stakeholder value and employee productivity. The USPTO will work closely with internal and external users to co-develop solutions that enhance workflows, incorporating features such as real-time analytics and intuitive interfaces.

3.    Promoting Responsible Use of AI

• Action 3.1: Ensuring public trust by adhering to principles of safety, fairness, transparency, and privacy. The USPTO will develop safeguards to prevent misuse of AI systems, such as bias detection mechanisms, robust auditing frameworks, and secure handling of sensitive data. Regular stakeholder engagement sessions will ensure that public concerns are addressed and that the implemented safeguards are transparent and effective. The USPTO will also implement traceability measures for AI models to ensure accountability and facilitate continuous risk management.
• Action 3.2: Monitoring AI’s application across industries to guide responsible adoption and align practices with IP laws. The USPTO will promote ethical data use, IP awareness, and compliance across the innovation ecosystem. Specific measures will include conducting industry surveys to assess AI’s impact on IP practices and developing guidelines for ethical AI usage in collaboration with other agencies and stakeholders.

4.    Developing AI Expertise within the USPTO Workforce

• Action 4.1: Providing tailored AI training for patent and trademark examiners, ensuring they can evaluate complex AI-related applications. Training will cover topics such as AI methodologies, ethical considerations, and sector-specific applications to enable examiners to navigate AI’s evolving landscape effectively.
• Action 4.2: Empowering employees across departments with AI knowledge and resources, fostering a culture of innovation and equipping the workforce for AI-driven challenges. This will include creating an AI knowledge portal to centralize training materials, hosting regular workshops and seminars, and incentivizing employees to pursue advanced certifications in AI-related fields.

5.    Collaboration with Stakeholders on Shared AI Priorities

• Action 5.1: Leveraging the USPTO AI and Emerging Technology (AI/ET) Partnership to gather diverse stakeholder perspectives, shape AI policies, and refine strategies. The partnership will organize regular forums and roundtables to address emerging challenges and opportunities, such as the role of AI in accelerating biotechnology innovation or improving access to IP protections for small businesses.
• Action 5.2: Strengthening partnerships with academic institutions, industry leaders, and international organizations to drive advancements in AI innovation and policy alignment. For example, the USPTO expects to collaborate with universities to fund AI research initiatives and participate in international standard-setting efforts to ensure U.S. leadership in global AI governance.

The USPTO’s AI strategy seeks to position the United States as a global leader in AI-driven innovation while addressing risks associated with the technology. By implementing these actions, the USPTO seeks to achieve the following goals:

• Enhanced Innovation Ecosystem: Strengthened IP frameworks and inclusive policies will create a fertile environment for AI innovation, fostering economic growth and ensuring equitable participation.
• Operational Excellence: The integration of advanced AI tools will improve the efficiency and accuracy of patent and trademark examination processes, reducing backlog and enhancing service delivery.
• Global Competitiveness: Collaborations with international allies and the establishment of standards will bolster the U.S. position in global AI policy leadership and technological advancements.
• Public Confidence: By prioritizing transparency, safety, and ethical considerations, the USPTO will build trust in its operations and the broader AI ecosystem.

In the long term, the USPTO envisions an innovation landscape where AI serves as a catalyst for solving global challenges, driving economic development, and improving lives while safeguarding the principles of fairness, equity, and accountability. The current strategy document serves as an initial baseline for the USPTO’s efforts and the USPTO welcomes its stakeholders to continue providing input as to the use of AI to create opportunities, improve lives, and solve global problems at a faster pace.