Don't Believe the Hype

The USPTO is going to put some new applications through an AI search and give applicants “an initial communication identifying a ‘top ten list’ of potential prior art issues in need of attention.”

1. Too soon. I don’t have confidence in an unsupervised AI tool like this. The technology isn’t there yet and will likely give applicants, especially pro se applicants, some misleading and confusing results along with the helpful ones.
2. Wrong stage. The best use of this kind of USPTO AI tool would be to have it available for applicants to use BEFORE filing, since once something is filed, the scope of allowable changes is limited.
3. Doesn’t replace a patentability search. This doesn’t replace having a thorough patentability search done before moving forward with an application, and I’m concerned laypersons will think otherwise.
4. Patent examiners think it’s a problem. From what I’m hearing from patent examiners, it sounds like (a) they think this AI tool isn’t very good yet and (b) that it is the first step in transitioning eventually to largely AI examination. Once again, the AI technology is absolutely not there yet. Can it help? Sure. Can it replace a human examiner? Not even close. (N.b. my master’s degree concentrated in AI, natural language processing, and LLMs.)
5. Pay to play. Of course, there is a fee to pay to participate in the pilot program.
6. Propaganda. Don’t buy that line about the USPTO Director’s “commitment to dramatically improve examination quality.” What he’s doing to examiners behind the scenes is absolutely counterproductive to that goal.

This program could be useful to some applicants, but it’s definitely overpromising and trying to draw attention away from the chaos and poor treatment of examiners happening at the USPTO. It’s almost like the leadership is trying to break it so it can be turned over to a private company to handle. I’m NOT happy about my clients paying the same fees for poorer quality examination, and that’s exactly what’s going to happen thanks to new policies about examiner quotas and limits on their ability to help applicants.