"Something important happened at the U.S. Patent and Trademark Office (USPTO) last month, and it did not get nearly the attention it deserved. The Office rolled out its Artificial Intelligence Search Automated Pilot (ASAP) Program, and for the first time, AI is now part of the pre-examination process, rather than operating around it. Given where things stand, this move almost feels inevitable. Filings keep climbing, examiners are stretched thin, and first office action pendency reached an all-time high of 22.6 months in FY 2025."
"The use of AI in patent examination offers a powerful opportunity to improve quality, consistency and efficiency. Like any new technology, it will take time to refine but given the vital role patents play in driving the nation's innovation engine, achieving a strong and trustworthy solution should be a priority. Proprietary systems make this goal more difficult. When the underlying technology is closed, outside experts and the public cannot analyze how it works or contribute to its improvement."
The USPTO rolled out the Artificial Intelligence Search Automated Pilot (ASAP) Program, integrating AI into the pre-examination search phase for the first time. Patent filings continue to climb while examiner resources are strained, producing record first office action pendency of 22.6 months in FY 2025. AI can accelerate early searches and improve consistency and quality, but proprietary closed systems limit transparency, external scrutiny, and collaborative improvement. An open-source approach enables broader participation, shared learning, and public confidence by allowing outside experts and the public to understand and audit how AI influences examiner workflows.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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