The USPTO’s Guidance on Use of AI-based Tools in Practice

By Joshua Rich — Since President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the U.S. Patent and Trademark Office has been investigating the potential pitfalls of practitioners’ use of AI in patent and trademark practice. On April 11, the Office issued its “Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office.”[1] And while the Guidance does not include or propose any new rules, it provides useful reminders of how to ensure compliance with the rules (along with a dash of advocacy for…