USPTO
USPTO, PTAB, and TTAB guidance on AI-assisted patent and trademark practice.
The USPTO has taken a materially different approach from many courts. Rather than creating a broad AI-use disclosure rule, the agency has applied existing duties of candor, signature certification, confidentiality, supervision, and export-control awareness to AI-assisted practice.
Why this is separate
This tab stays separate from Litigation Practice while the content is USPTO-specific. If the tracker expands to other patent offices or IP agencies, the tab can be renamed to IP Practice. If it expands to multiple U.S. administrative agencies, it can become Administrative Practice.
USPTO / PTAB / TTAB table
| Authority | Source | AI practice point |
|---|---|---|
| USPTO | Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the USPTO, 89 Fed. Reg. 25609 | Existing duties of candor, signature certification, confidentiality, supervision, and export-control awareness apply to AI-assisted patent and trademark practice. |
| USPTO Director; PTAB; TTAB; OGC | Director Vidal memorandum on AI-related party and practitioner misconduct | AI-assisted submissions must be reviewed and verified by a person; available sanctions include striking papers, limiting submissions, terminating proceedings, OED discipline, and possible false-statement exposure. |
| PTAB | USPTO Federal Register guidance applied to PTAB practice | AI-assisted IPR, PGR, derivation, claim-construction, prior-art, expert, and legal-analysis work should be treated as high-verification material under existing PTAB candor and sanctions rules. |
| TTAB | USPTO Federal Register guidance applied to TTAB practice | AI-assisted drafting must still be verified, and AI-generated specimens or marketplace evidence that does not show actual use creates special misstatement and evidentiary risk. |
Practice notes
- Do not treat USPTO guidance as a court standing order.
- Do not assume AI use must be disclosed in every USPTO, PTAB, or TTAB matter.
- Verify every AI-assisted factual statement, legal argument, citation, prior-art summary, claim-construction point, and trademark evidence assertion.
- Review tool terms before entering confidential client information, invention disclosures, unpublished patent material, trademark strategy, business proprietary information, export-controlled information, or sealed/protected matter.
- Treat AI-generated trademark specimens or marketplace evidence as especially risky because they may not show actual use in commerce.
Source note: Clearon gives preference to primary USPTO, Federal Register, CFR, PTAB, TTAB, and agency sources. Secondary trackers are used as leads, not as final authority.