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USPTO Seeks Public Insights on Impact of AI on Patentability Evaluations
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USPTO Seeks Public Insights on Impact of AI on Patentability Evaluations

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The U.S. Patent and Trademark Office seeks input from the public about how artificial intelligence might impact evaluations when determining whether an invention could be patented under U.S. law.

The USPTO said Tuesday that the feedback it receives via a request for comments, due July 29, will be used to help with legal and Congressional advisory work as well as with policy formulation.

Among the issues covered by the RFC is the use of AI and how it affects what qualifies as prior art. Another issue is how AI use affects the assessment of the level of skill of a person having ordinary skill in the art.

The issuance of the RFC forms part of a broader effort by the USPTO to respond to President Joe Biden’s directives regarding the promotion of safe, secure and trustworthy AI. Related USPTO initiatives include the issuance of guidance concerning inventorship for AI-assisted inventions as well as guidance on using AI when preparing filings to be submitted to the agency.