The United States Patent and Trademark Office (USPTO) is planning to adopt artificial intelligence into its operations and assess how the emerging technology impacts intellectual property (IP) rights, according to its 2025 AI strategy released on Jan. 14.
The strategy focuses on maintaining an “effective and predictable IP ecosystem” with the emergence of AI, and utilizing the technology to streamline patent and trademark application processes while using what it calls “one of the world’s largest innovation datasets” to bolster innovation in AI-related empirical analyses to be used “both within and beyond” the agency.
“The USPTO’s goal is to promote innovation and opportunities,” reads the strategy. “The success of AI will be determined by its ability to create new jobs, increase economic growth, and enable communities throughout the nation to thrive. Unleashing this technology’s full potential depends on ensuring everyone in the United States has the ability and opportunity to engage with AI innovation.”
The agency strategy breaks down five areas of focus that are meant to complement each other, including: advancing the development of IP policies; building best-in-class AI capabilities; promoting the responsible use of AI; developing AI expertise within USPTO; and collaborating with other U.S. government and international entities on shared AI priorities.
AI will be used for “increasingly complex use cases,” according to the strategic plan, with the agency noting that this will require powerful infrastructure, high-quality and accessible data, and leadership in open data. A suite of on-demand sandbox resources for AI prototyping and evaluation will be maintained by USPTO under the strategy, the agency added.
To improve AI education, USPTO is propping up an agency-wide AI resource portal, according to the strategic plan, which aims to serve as an “enterprise-wide landing point” for resources and training.
Actions to address IP rights issues pertaining to AI will be addressed by developing new IP policies, practices and recommendations, according to USPTO’s strategy. New regulations will be data-driven and will aim to match advancements in the technology.
“The USPTO will monitor emerging AI-related IP issues and consider how IP policies and practices can continue to foster both innovations in AI technology and the use of AI to advance other technologies,” wrote the agency. “As appropriate, the USPTO will advocate for the development of balanced and sound judicial precedents and legislation that promote both AI innovation and respect for IP rights, while not unnecessarily constraining future AI innovation.”
The agency said it is also using AI tools to help protect IP rights – such as virtual assistants, which USPTO said assist innovators, entrepreneurs and those unfamiliar with the patent and trademark system. AI tools that can be integrated into trademark and design patent examination processes are also being pursued, the agency added.
As policies are established, USPTO said it will provide resources to educate the public of new IP policy guidelines and consistency in proceedings.
“The USPTO will continue our work to advance safe, secure, and trustworthy AI; support responsible AI innovation; and integrate this advanced technology into our operations to better serve our stakeholders,” the agency said.
