2024years4month10day, United States Patent and Trademark Office (USPTO) Published a report aimed at AI practitioners and the public, Guidance on the use of AI tools in the preparation process of submitting an application to the agency.

The guidelines were published two months ago, The agency appealed to the Trademark Trial and Appeal Board (TTAB) And the Patent Trial and Appeal Board (PTAB) Issued a guidance memo on the misuse of AI tools, Clarified the applicability of existing rules in relation to the submission of AI materials. Supreme Court Chief Justice John F．Roberts (John Roberts) the2023The annual end of year report has contributed to the development of the guidelines, The report acknowledges the benefits and dangers of AI in the context of the legal profession. The report also singled out U. S. President Joe Biden．Biden (Joe Biden) "About security, Executive order for the reliable and trusted development and use of artificial intelligence" , The command indicatesUSPTOAfter consultation with the Director of the Copyright Office, To advise the President on possible executive actions related to copyright and artificial intelligence.

2month10diurnal "Federal register" Notice of draft2Based on the month's Artificial Intelligence Guide, Designed to alert professionals, Innovators and entrepreneurs take note of the agency's current rules, To guard against the potential of artificial intelligence "Danger" . These rules include a duty of good faith, Signature requirement, Information confidentiality, Foreign application licensing and export regulations, Current electronic system policies and responsibilities to customers.

with2month6Daily aimTTABandPTABThe published guidelines are similar, The new guidance reiterates a point, That is, the agency requires signatures and proof by the signatory that all statements are considered to be true and approved "Reasonable investigation under the circumstances" Confirm the relevant requirements, The same applies to materials submitted with the assistance of artificial intelligence. The guidelines also state that, "Any material submitted to the agency must be reviewed by the party or parties submitting the material" "Those parties are responsible for its contents. Relying solely on the accuracy of AI tools is not a sound investigation. "

Although the use of AI tools generally does not have to be disclosed to the agency, but "Whereas generative AI systems have the potential to miss, False alarms even make people 'confound' Information or the generation of information 'hallucination' , The party or parties submitting the material must ensure that all statements in the content are true to the best of their knowledge, And based on information that is believed to be true" .

The guide also provides examples of patents and trademarks. Such as, Questions about the use of AI tools in the invention process, The agency said, "If AI tools are used right "United States Patent law enforcement regulations" The patentability defined in this paper is of great significance, Must be directed toUSPTODisclose the use of such AI tools. This agency2month12diurnal "A guide to inventor status for AI-assisted inventions" This is explained in more detail. The guidelines say, Practitioners also have a responsibility to avoid filing or applying for patent claims that are known to be unpatentable, therefore, If the claim was drafted by an AI tool, The claims must be modified accordingly, and "Extra caution" To verify its technical accuracy. In addition, If you use artificial intelligence tools to draft so-called "Predictive example" (Describes reasonably expected future results, Such as experiments that have not yet been carried out) , The guidelines explain, "Appropriate care should be taken in such cases, To help the reader distinguish these examples from actual working examples (For example, by using appropriate tenses) . "

The guide also Outlines potential administrative issues arising from the widespread use of AI tools, Especially in the disclosure statement (IDS) Fill in citations for submission and collection of prior technical references. The guidelines state: "Although AI may be attractive to some patent applicants and practitioners, But the unfettered use of AI will lead to an increaseUSPTOsubmittedIDSThe danger of increasing the number and size of applications, That could burden the agency with a large backlog and processing unrelated applications. " therefore, IDSThe signatory shall ensure that irrelevant information is deleted, Spare material "Documents that are interpreted as being submitted for improper purposes, Because it may cause unnecessary delays or unnecessarily increase the cost of conducting any proceedings at the agency" .

In trademark applications, In particular, any AI-generated samples that do not show the actual use of the trademark in commerce should be avoided, Nor can it show evidence of other AI creation that does not actually exist in the market, And if filed in the context of a patent "Unnecessary or accumulated material" .

Request for general documents, The agency explained, Such as, Used to automatically fill out forms or upload documentsUSPTOThe website's artificial intelligence tools cannot sign electronically, Can't getUSPTO. govThe account of. The guidance also highlights the potential confidentiality implications of using AI tools in terms of unintentional disclosure of customer information and national security.

The guide also emphasizes: "Specifically speaking, Practitioners must be aware of the possibility that AI tools may use servers located outside the United States, This raises the possibility that any data entered into such tools could be exported outside the United States, This may violate existing relevant export administration and national security regulations or confidentiality orders. " (Be compiled fromwww. ipwatchdog. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng



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