USPTO Issues Artificial Intelligence Strategy

Artificial Intelligence (AI) in intellectual property is as big – and as fast-changing – a topic as ever. On January 14, 2025, the U.S. Patent and Trademark Office (USPTO) published an Artificial Intelligence Strategy (“USPTO’s AI Strategy”) document which discusses how the USPTO “aim[s] to address AI's promise and challenges across intellectual property (IP) policy, agency operations, and the broader innovation ecosystem.” 

The precise direction that the USPTO will take is still uncertain. The USPTO’s AI Strategy was developed in alignment with President Biden’s October 2023 Executive Order on AI, entitled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.”[1] However, the October 2023 Executive Order was revoked by President Trump’s January 20, 2025 Executive Order entitled “Initial Rescissions of Harmful Executive Orders and Actions.” On January 23, 2025, President Trump issued a new Executive Order on AI entitled “Removing Barriers to American Leadership in Artificial Intelligence,” which calls for the development of an Artificial Intelligence Action Plan within 180 days of the order. The January 23, 2025 Executive Order also calls for the suspension, revision, or rescinding of actions taken pursuant to President Biden’s October 2023 Executive Order that are inconsistent with a policy “to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.” At Mintz, we are closely following these developments and will continue to monitor how (and if) these policies and strategies indicated in the USPTO’s AI Strategy may be impacted by the institution of a new administration.[2] 

As it currently stands, the USPTO’s AI Strategy sets forth the USPTO’s AI vision and mission across the following five focus areas: 

1. Advance the development of IP policies that promote inclusive AI innovation and creativity.

The USPTO’s AI Strategy reiterates the USPTO’s commitment to advancing a positive future for AI and acknowledges that the USPTO plays a critical role in advancing emerging technologies such as AI by providing IP protection in the United States for AI-based inventions in a manner that incentivizes and supports innovation in AI. 

With this in mind, the USPTO discusses the need to anticipate and effectively respond to emerging AI-related IP policy issues such as the implications generative AI may play in the inventive process and its impacts on inventorship, subject matter eligibility, obviousness, enablement, and written description. The development and use of AI systems also impacts policy considerations for trademarks, copyrights, and trade secret laws. 

The USPTO also aims to study the interplay between AI innovation, economic activity and IP policy by conducting economic and legal research on the impacts of IP policy on AI-related innovation and through direct engagement with AI researchers, practitioners, and other stakeholders. The USPTO also encourages inclusion in the AI innovation ecosystem by fostering involvement with educational institutions and their participants and by contributing towards broader IP policymaking. 

2. Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development.

The USPTO’s AI Strategy also involves using AI innovation to boost the USPTO’s IT portfolio in order to increase operational efficiencies and empower their workforce. 

In their AI Strategy, the USPTO discusses AI-driven systems that have been implemented at the USPTO including AI systems for analyzing nonprovisional utility patent applications to help identify patent classifications, assisting patent examiners in retrieving potential prior art, and providing virtual assistants to entrepreneurs interacting with the USPTO. The USPTO anticipates extending the use of AI tools into trademark examination and design patent examination processes. At Mintz we have been tracking the use of AI tools in patent examination, including the USPTO’s AI implemented “similarity search”[3] as well as the development of AI technology that could help improve productivity of the internal IP processes of your business.

To build upon its AI capabilities, the USPTO indicates that it will need to improve the USPTO’s computational infrastructure and IT systems. 

3. Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.

In view of the principles of responsible AI: safety, fairness, transparency, privacy, reliability and accountability, the USPTO aims to promote responsible use of AI within the USPTO through value-aligned product development, risk mitigation, and transparent stakeholder communication. To uphold public trust, the USPTO aims to ensure that sourcing, selection, and use of data across the USPTO’s AI initiatives is done while upholding equity, rights, and civil liberties in a manner that is lawful, ethical, and transparent. Similarly, the USPTO will put into place responsible AI development and clearly communicate the benefits and limitations of the AI systems to stakeholders. 

The USPTO will also work to promote respect for IP laws and policies as a part of responsible AI practice. 

4. Develop AI expertise within the USPTO’s workforce. 

The USPTO’s AI Strategy includes providing expanded training to USPTO Examiners in order to address AI-related subject matter in patent and trademark examination.[4] This will include developing foundational curricula that is made available to all Examiners – not just those who examine core AI technologies. Examiners will be provided with access to technical training to expand their AI knowledge and the USPTO will aim to attract and recruit Examiners with backgrounds in AI-related matters. Additional training will be provided to each USPTO business unit, including Patent Trial and Appeal Board (PTAB) judges, in order to support their individual needs. 

5. Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.

The USPTO’s AI Strategy signals a dedication to a collaborative approach to developing the USPTO’s AI policy and technology. The USPTO aims to collaborate with the public, other agencies, and international partners on AI matters impacting the global IP system. 

Conclusion 

With these key focus areas, the USPTO’s AI Strategy emphasizes the USPTO’s vision to unleash American potential through the adoption of AI in order to drive and scale U.S. innovation, inclusive capitalism, and global competitiveness. The USPTO’s AI Strategy emphasizes the unique considerations that development in AI technology brings to policy and legal considerations. While the change in Presidential administrations is expected to affect how the USPTO’s AI Strategy is implemented, there is no question that this will continue to be an important topic for the foreseeable future.

At Mintz, we expect that 2025 will continue to bring advances in AI and we anticipate seeing a corresponding increase in new AI-related intellectual property. The USPTO’s AI Strategy indicates that annual filings of AI-related patent applications are up more than 33% since 2018 alone and are filed broadly across 60% of the technology subclasses at the USPTO. At Mintz we provide expertise for developing AI-related patent, trademark, copyright, and trade secret portfolios across various industries from the life sciences, medical devices, climate, energy, vehicles, and more.   

Please do not hesitate to contact us for help determining best practices for providing comprehensive intellectual property protection for AI-related technologies. 
 

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