USPTO Launches AI First: A New Attempt to Improve the Quality of Patent Application Pre-examination

To further enhance examination quality, response speed, and efficiency, the United States Patent and Trademark Office (USPTO) has announced the launch of the AI-powered Search Automation Pilot (ASAP!) program. This program will further improve the efficiency of the USPTO's internal use of AI for pre-examination technical searches.

The program will list the "Top Ten Potential Prior Art Issues" for applicants, generate an Assisted Search Results Notice (ASRN) through AI, and provide applicants with an early opportunity to evaluate how their claims compare to the prior art. It will also guide applicants through a series of preliminary response measures, such as:

• Submit preliminary revisions
• Provide the required evidence in the affidavit and USPTO notice
• request an extension; or
• Submit an application including an express waiver to seek a refund of fees if no further review is required
• The USPTO will use an internal AI system to conduct automated searches. The system automatically classifies the documents based on the contents of the specification, claims, and abstract, and compares them with the CPC system.
• The USPTO will use the pilot results to evaluate pre-examination search results, assess the scalability of generating ASRNs, and collect data to guide the next steps and supporting pilots. To participate in the ASAP! project, applicants need to submit a request and pay a fee.

Yezhima believes that the USPTO's launch of the ASAP! program is a proactive attempt to drive change in the intellectual property industry. By using AI-assisted searches during the pre-examination phase, applicants can identify potential issues earlier, thereby optimizing application quality.