USPTO - Updated Artificial Intelligence Strategy
As of the 14th of January, 2025, the United States Patent and Trademark Office (USPTO) has delivered a 30-page report outlining a new strategy to guide the agency regarding Artificial Intelligence, both within the USPTO, as well as within the intellectual property (IP) ecosystem. The strategy reflects the feedback and input gathered through partnerships, public outreach, and communications with sister agencies.
“The strategy aims to achieve the USPTO’s AI vision and mission through five focus areas which include:
Advance the development of IP policies that promote inclusive AI innovation and creativity.
Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development.
Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.
Develop AI expertise within the USPTO’s workforce.
Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.”
USPTO – Patent Applications, Growth
“AI patent applications increased by more than 100% from 2002-2018 and spread to over 42% of all technology subclasses by 2018.” Since 2018, AI-related patent applications are up 33%, and are appearing in 60% of all technology subclasses used by the USPTO since 2023.
The USPTO seeks to strike a balance by promoting growth and innovation, while employing technical solutions to the risks. The USPTO understands the global value and potential that AI provides and has sought to foster a policy that promotes growth, while understanding that growth in the space is fluid, that law and policy must be ready to adapt to the evolving innovative space. Robust protections and promotion of competition will foster success.
Figure: Overview of USPTO AI Strategy – Artificial Intelligence Strategy, Page 7
Advance the development of IP policies that promote inclusive AI innovation and creativity.
The USPTO identified 4 action items: (1) Ensure that the USPTO anticipates and effectively responds to emerging AI-related IP policy issues; (2) Study the interplay between AI innovation, economic activity, and IP policy; (3) Encourage inclusion in the AI innovation ecosystem; and (4) Contribute to broader IP policymaking in collaboration with Congress, interagency and international partners, and the public.
Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development.
The USPTO identified 3 action items: (1) Continuously advance the USPTO’s usage of computing and data resources to enable AI for increasingly complex use cases; (2) Pursue mission-focused AI innovation, from prototyping to deployment; and (3) Closely align business areas, technology, and end users to maximize stakeholder value.
Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.
The USPTO identified 2 action items: (1) Maintain public trust in the USPTO’s adoption of AI through value-aligned product development, risk mitigation, and transparent stakeholder communication; and (2) Monitor and address the use of AI in the broader innovation ecosystem to help shape IP and innovation.
Develop AI expertise within the USPTO’s workforce.
The USPTO identified 2 action items: (1) Expand training to address AI-related subject matter in USPTO examination; and (2) Empower our workforce with AI expertise to support diverse organizational needs.
Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.
The USPTO identified 3 action items: (1) Collaborate through the USPTO AI/ET Partnership and beyond to inform the USPTO’s next steps as to AI policy and technology; (2) Promote interagency collaboration and identify new opportunities to collaborate with government agencies; and (3) Collaborate with international partners on AI matters impacting the global IP system.
The USPTO maintains an AI/ET Partnership (Artificial Intelligence (AI) and Emerging Technologies (ET)), a cooperative effort between the USPTO and the AI/ET community that includes: academia, independent inventors, small businesses, industry, government agencies, etc. The feedback from the partnership sought to enhance the USPTO quality and efficiency of examination, as well as identify issues unique to the AI/ET community. This partnerships feedback helped drive the strategy outlined in the aforementioned report.
In addition, the USPTO (United States) established alongside member countries/unions an AI task force, IP5, with IP offices from Europe, Japan, Korea, and China to develop a roadmap for AI cooperation. The initiative aims to foster policy development and the exchange of experience, as well as helping partners avoid pitfalls and providing greater understanding of how each respective IP office is addressing AI.