The USPTO recently released the latest progress on AI within the USPTO. According to the USPTO, the USPTO is committed to introducing new artificial intelligence technology into the USPTO's work processes and organization, and is working closely with other government departments and the Department of Commerce on artificial intelligence issues. At the same time, considering the increasing role of artificial intelligence in innovation, the USPTO is committed to exploring the role of AI in patent law. For example: If an AI system could contribute the same to an invention as a human, would the invention be patentable under current law? Will allowing AI systems to be listed as inventors promote and incentivize innovation? Should the USPTO require applicants to explain the contribution of artificial intelligence systems to the invention claimed in the patent application?
USPTO analysis found that in 2020, a total of 80,000 invention patents involved artificial intelligence, 150% higher than in 2002. At present, artificial intelligence accounts for 18% of invention patent applications, and more than 50% of artificial intelligence patent applications are under review. This data is further evidence that artificial intelligence is becoming increasingly important in innovation across all industries and in all regions.
However, the USPTO has adopted a prudent attitude towards this, with the purpose of ensuring that US patent laws and policies can continue to encourage innovation. The USPTO will not overly lock in advances made using artificial intelligence to avoid jumping to conclusions that impact critical U.S. technologies.
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