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The agency detailed its approach to artificial intelligence, specifically regarding intellectual property and internal use.

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USPTO Headquarters, Alexandria, VA
The interior of the USPTO headquarters in Alexandria, Virginia, in 2019. (Antony-22 / Wikimedia Commons)

The U.S. Patent and Trademark Office is planning to examine the intersection of artificial intelligence innovation and advancing intellectual property policies as part of a new AI strategy the agency released Tuesday. 

In the document, the USPTO said it intends to study AI-related implications for IP protections and potential uses for the technology to safeguard trademark rights. The agency plans to advocate for the development of “sound judicial precedents and legislation that promote both AI innovation and respect for IP rights, while not unnecessarily constraining future AI innovation.”

The agency said improvements in generative AI could enable systems to “play a greater role in the inventive process, potentially even contributing in ways that resemble human inventors,” which USPTO plans to address by studying patent issues related to the technology and providing guidance and resources to ensure that policies and practices are responsive to developments. 

The agency reported in its strategic plan that it maintains a suite of on-demand sandbox resources for prototypes and evaluations of AI solutions. 

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As UPSTO stays involved in the intersection of AI and IP, the agency also continues to develop and procure AI and AI-enabling technologies as part of its modernization efforts.

“USPTO will monitor emerging AI-related IP issues and consider how IP policies and practices can continue to foster both innovations in AI technology and the use of AI to advance other technologies,” the strategic plan states. 

USPTO’s strategy also includes plans to advance the agency’s use of computing and data resources, leveraging AI for “increasingly complex use cases” and on high-priority mission requirements that are aligned with the strategic plan. 

OSTP’s Arati Prabhakar reiterated her concerns about federal R&D funding and innovation as Republicans prepare to take full control of Washington.

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Data ingestion and generated outputs of AI systems have implications for various copyright laws and policy considerations, the agency noted, something it proactively engages with through monitoring relevant litigation in federal courts and weighing in when appropriate. USPTO also said that it has and  will continue to provide technical assistance to Congress as lawmakers develop legislation to address these issues.

Caroline Nihill

Written by Caroline Nihill

Caroline Nihill is a reporter for FedScoop in Washington, D.C., covering federal IT. Her reporting has included the tracking of artificial intelligence governance from the White House and Congress, as well as modernization efforts across the federal government. Caroline was previously an editorial fellow for Scoop News Group, writing for FedScoop, StateScoop, CyberScoop, EdScoop and DefenseScoop. She earned her bachelor’s in media and journalism from the University of North Carolina at Chapel Hill after transferring from the University of Mississippi.