Despite the restrictions on generative AI, the USPTO is still leveraging AI technology to enhance its operations. The "Similarity Search" feature in the PE2E tool allows examiners to input parts of a patent specification and receive related prior art. This tool is crucial in the patent examination process as it aids in identifying potential patent infringements. The use of this tool must be indicated in the application file to inform the public.
Key takeaways:
- The United States Patent and Trademark Office (USPTO) has issued internal guidance that its examiners and other employees cannot use generative artificial intelligence (AI) for any purpose due to security and bias concerns.
- The guidance does not fully limit an examiner’s ability to use AI. Employees can still use approved AI programs.
- USPTO examiners have access to the AI-based “Similarity Search” in the Patents End-to-End (PE2E) search tool, which allows them to input selected portions of a patent specification and receive related prior art.
- Examiners must indicate in the application file that Similarity Search was used to put the public on notice.