Generative AI is a powerful tool that already helps inventors to create faster, smarter and more ambitious than ever before. At Google, 17% of our inventions were created using AI in the past year, and we are a leader in patented generative AI innovations – including some of the sperm inventions in the field.
But in order for the United States to maintain its lead during this next wave of innovation, our patent system also has to develop.
The US Patent and Trademark Office (USPTO) plays a key role in AIS development and US management, but its job has become much more difficult. An influx of patent applications, increasingly complex technologies and a river of technical information makes it challenging to accurately assess which applications meet the legal requirements for a patent – and which would create unnoticed roadblocks that prevent growth.
As John Squires begins his period as director of PTO, the United States has an opportunity to promote US leadership in AI by prioritizing efforts to ensure that valid patents are awarded and to ensure that invalid patents can be treated effectively.
Here are four ways USPTO can achieve this:
1. Get USPTO the resources it needs.
USPTO needs sufficient resources to evaluate the complex inventions it sees every day. Currently, it depends on patent application fees that are not fully paid out before years after a patent is awarded if ever. We agree with trade secretary Lutnick that fees should reflect the actual cost of thorough reviews. One way to do this is by demanding large patent filers — as us-to pay more fees in advance and ensure that these fees remain with the agency.
2. Embrace AI to help patent sub -subsequently.
AI can help patent suborders to take advantage of the limited time they need to undergo applications. USPTO is already using AI to route patents to the right examiners and to find evidence that there is already an invention – an effort we have supported in partnership with Accenture Federal Services. USPTO should expand its use of AI to help patent sub -subsequently manage their workload and identify potentially violent archiving activity.
3. Support the use of AI of America’s Innovators.
AI is a tool not an inventor. USPTO needs to confirm that when people use AI to create something new, the patent should go to the inventor, not to the generative AI. This result is in line with how AI is geared as a tool for developing new technologies and is supported by our patent legislation.
4. Restore access to Inter Partes Review.
With the increasing number and complexity of patent applications, errors are inevitable. The Inter Parts Review program helps the USPTO correct its own exam errors through a careful review of patents with the greatest financial impact. It is a simpler and more effective approach than forcing parties to wasting patent cases. USPTO should restore access to this program to promote patent quality and keep invalid AI-related patents from stifling American innovation.
We look forward to working with director Squires on this work so that USPTO can help unlock the full potential for AI and US technology management.