USPTO's AI Strategy: Key Focus Areas and Insights

The United States Patent and Trademark Office (USPTO) has released a strategy document outlining organizational initiatives, trends, and goals relating to artificial intelligence (AI). The USPTO Artificial Intelligence Strategy, published January 14, 2025, sets out five AI focus areas for the USPTO:

1. Advance the development of IP policies that promote inclusive AI innovation and creativity.
2. Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development.
3. Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.
4. Develop AI expertise within the USPTO’s workforce.
5. Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.

This document primarily surveys of existing trends and initiatives, while also setting out certain goals and focus areas. It should be noted that this strategy document does not implement any binding new guidance, and that the goals and future initiatives mentioned in the strategy document will be subject to review by a new USPTO director under the incoming administration. A few key takeaways from the strategy document relating to patents and AI technologies are as follows.

First, the USPTO strategy document notes that patent application filing volume relating to AI technologies continues to increase, with the filing rate doubling since 2002 and increasing by 33% since 2018.

Second, the USPTO strategy document recaps the various legal and patent policy issues that it has considered over the last year, including (a) subject-matter eligibility of AI-related technology, (b) the role of AI technology in augmenting human inventorship, and (c) the manner in which AI technologies may bear on obviousness analysis. Regarding subject-matter eligibility of AI-related technology, the USPTO released its latest guidance in July 2024, which we reviewed and analyzed. Regarding AI‑augmented inventorship, the USPTO released guidance in February 2024, which we reviewed and analyzed. Regarding AI technology as it relates to prior art and obviousness analysis, the USPTO solicited public comments on those issues in April 2024 but has not yet released any official guidance or policy positions.

Third, the USPTO strategy document acknowledges the importance of strengthening examiner acumen as it relates to emerging AI technologies, particularly in light of AI-related patent applications appearing in 60% of all USPTO technology subclasses in 2023. Toward this aim, the USPTO will continue to develop foundational AI technology curricula for all patent examiners and will explore specialized AI technology trainings for examiners working on certain complex AI technologies.