USPTO Publishes an Artificial Intelligence Strategy
On January 14, 2025, the United States Patent and Trademark Office (USPTO) published its Artificial Intelligence Strategy, discussing how the organization plans to address the promise of AI and the challenges posed across policy, USPTO operations, and the broader intellectual property/innovation ecosystem.
The strategy was initially created with the intent to align with the October, 2023 Executive Order on AI. However, that Order, entitled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” was recently revoked as part of an executive order, “Initial Rescission of Harmful Executive Orders and Actions,” by the new Executive Administration, in lieu of a directive “to sustain and enhance America’s global AI dominance.” To say this has created uncertainty in the direction that the USPTO will eventually take may be an understatement.
On January 23rd, the latest AI Executive Order, “Removing Barriers to American Leadership in Artificial Intelligence,” was released with a different tone. By name alone, this Order is focused more on speed than safety and calls for an Action Plan within 180 days. Calling for the rescinding of actions taken in pursuit of the previous Administration’s Order, it is unknown how much the USPTO’s AI Strategy is likely to be impacted.
Previous USPTO Artificial Intelligence direction has focused significantly on the patentability of AI-based inventions; however, the recently released strategy addresses how the USPTO uses AI to accomplish its mission, not only regarding patents, but also for trademarks and copyrights. The USPTO describes this effort as an attempt to address the challenges and goals of AI while offering some guidance as the organization works to fully utilize AI’s potential within their operations and “encouraging its adoption throughout society.”
The full text of the USPTO’s Published Strategy is available online. In its current form, the Strategy addresses five key points:
“Promoting the development of IP policies that advance inclusive AI innovation and creativity,
Building best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development,
Promoting the responsible use of AI within the USPTO and across the broader innovation ecosystem,
Developing AI expertise within the USPTO’s workforce, and
Collaborating with other U.S. government agencies, international partners, and the public on shared AI priorities.”
These five key areas appear to emphasize a strategy with the goal of adopting AI on a large scale throughout the federal organization, and throughout the greater innovation economy. With the recent shake-ups in both the Executive Administration and the USPTO, it is unclear how the strategy will be interpreted or carried out, but Renner Otto will continue to monitor developments and remain up to date in practice with policy and the underlying legal considerations our clients will need to consider in this ever-evolving landscape.