In recent guidance, the USPTO acknowledged that there is not an explicit requirement to notify the USPTO when AI tools are used in the inventive process. However, when practicing before the USPTO, applicants and practitioners should be mindful of their duty of disclosure . That is, when the use of an AI tool is material to patentability, that use must be disclosed to the USPTO. For example, each patent claim must result from the significant contribution by a human inventor. Thus, if an AI system is used to draft a patent claim lacking significant contribution by a human inventor, that information must be disclosed to the USPTO when submitted for examination.
USPTO GUIDANCE
Made with FlippingBook - PDF hosting