USPTO Announces ASAP! Program
On October 8th, the United States Patent and Trademark Office (the “USPTO”) announced that it would be implementing its Artificial Intelligence Search Automated Pilot (“ASAP!”) Program to improve the quality, response time, and efficiency of pre-examination prior art searches using artificial intelligence. ASAP! will generate an Artificial Intelligence-Assisted Search Results Notice (“ASRN”), providing applicants with an opportunity to review their application in connection with the prior art before it proceeds to substantive examination by the patent examiner. ASAP! will leverage an internal artificial intelligence (“AI”) system that draws information from the Cooperative Patent Classification System to prepare the ASRN.
Generally, the ASRN will provide applicants with guidance as to potential courses of action, including:
- Filing a preliminary amendment;
- Marshaling evidence for affidavit practice and notice taken by the USPTO;
- Requesting deferral; or
- Filing petitions, including express abandonment, to seek a refund of certain fees if examination is no longer desired.
According to the Federal Register Notice announcing the ASAP! Program, the USPTO will accept applications beginning October 20th, until April 20th or until a specified number of utility applications have been docketed. Only original, noncontinuing, nonprovisional utility applications are eligible to participate in the ASAP! Program and if accepted, applicants can expect to receive an ASRN which included a listing of up to 10 documents returned by the AI tool. A copy of the file will be placed in the application filed, but it is not considered a notification and the applicant is not required to file a response.
John A. Squires, the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, indicated that the ASAP! launch would be the first of many pilots aimed at assisting patent examiners and applicants. We will continue to monitor and provide any significant updates.
