Automated Search Pilot: USPTO's First Step Toward AI-Assisted Examination
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Automated Search Pilot: USPTO's First Step Toward AI-Assisted Examination
"Applicants filing original utility applications can petition to receive an Automated Search Results Notice (ASRN) before human examiner review. The pilot is currently limited to only 1,600 applications over the next six months. [ PTO-P-2025-0011]. The ASRN program represents a modest but significant implementation of AI-assisted examination concepts I explored in a February 2025 proposal for pre-filing certification. While my proposal envisioned a comprehensive automated pre-filing examination, the ASRN happens after filing."
"While both approaches share the core insight that automated prior art analysis before human examiner review can streamline prosecution and provide applicants with earlier intelligence about patentability, the timing shift from pre-filing to post-filing reflects the USPTO's preference particularly for streamlining the examination processes. This first step allows the agency to evaluate AI performance within established quality frameworks before considering more radical reforms."
"To participate, applicants must file original, noncontinuing, nonprovisional utility applications electronically through Patent Center and enroll in the Patent Center e-Office Action Program. The petition also requires a $450 petition fee under 37 CFR 1.17(f) (discounted for small/micro entities) that should be filed with the application. The USPTO will process petitions after pre-examination processing completes, granting the petition if eligibility requirements are met or dismissing it without opportunity to correct deficiencies."
The USPTO launched an Automated Pre-Examination Search Pilot Program that provides Automated Search Results Notices (ASRNs) to applicants before human examiner review. Applicants filing original, noncontinuing, nonprovisional utility applications electronically through Patent Center may petition and must enroll in the Patent Center e-Office Action Program. The petition requires a $450 fee under 37 CFR 1.17(f), with discounts for small and micro entities, and must be filed with the application. The pilot accepts up to 1,600 applications over six months. The ASRN implements AI-assisted prior art analysis after filing to streamline prosecution and give earlier patentability intelligence while allowing the USPTO to evaluate AI within existing quality frameworks.
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