How the U.S. Patent and Trademark Office can help America maintain its AI leadership
Generative AI is a powerful tool that’s already helping inventors create faster, smarter and more ambitiously than ever before. At Google, 17% of our inventions were created with the help of AI in the past year and we are the leader in patented generative AI innovations — including some of the seminal inventions in the field.
But for the U.S. to maintain its lead during this next wave of innovation, our patent system needs to evolve too.
The U.S. Patent and Trademark Office (USPTO) plays a key role in AI’s development and U.S. leadership, but its job has gotten much harder. An influx of patent applications, increasingly complex technologies and a deluge of technical information make it challenging to accurately assess which applications meet the legal requirements for a patent — and which would create unmerited roadblocks that hinder growth.
As John Squires begins his term as Director of the PTO, the U.S. has an opportunity to promote American leadership in AI by prioritizing efforts to ensure valid patents are granted, and making sure invalid patents can be efficiently addressed.
Here are four ways the USPTO can achieve this:
1. Get the USPTO the resources it needs.
The USPTO needs sufficient resources to evaluate the complex inventions that it sees every day. Currently, it relies on patent application fees, which aren't fully paid until years after a patent is granted, if ever. We agree with Commerce Secretary Lutnick that fees should reflect the actual costs of thorough reviews. One way to do this is by requiring large-scale patent filers — like us — to pay more fees upfront, and ensure these fees remain with the agency.
2. Embrace AI to help patent examiners.
AI can help patent examiners make better use of the limited time that they have to review applications. The USPTO is already using AI to route patents to the right examiners and to find evidence that an invention might already exist — an effort we’ve supported in partnership with Accenture Federal Services. The USPTO should expand its use of AI to help patent examiners manage their workload and identify potentially abusive filing activity.
3. Support the use of AI by America’s innovators.
AI is a tool, not an inventor. The USPTO should affirm that when humans use AI to create something new, the patent should go to the inventor, not to the generative AI. This result is consistent with how AI is leveraged as a tool in developing new technologies, and is firmly supported by our patent laws.
4. Restore access to Inter Partes Review.
With the increasing number and complexity of patent applications, mistakes are inevitable. The Inter Partes Review program helps the USPTO correct its own examination errors through a careful review of patents with the biggest economic impact. That’s a simpler and more efficient approach than forcing parties into wasteful patent lawsuits. The 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 collaborating with Director Squires on this work so that the USPTO can help unlock the full potential of AI and U.S. technology leadership.
