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Legal Guidance

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"AI's Impact on Patent Practice and Intellectual Property Protection"

Originally Published 1 year ago — by Patently-O

The USPTO has released new guidance on the use of AI tools in patent practice, emphasizing the need to mitigate risks through technical measures and human oversight. The guidance addresses the duty of candor and good faith, signature requirements, confidentiality, and national security considerations when using AI tools. It also provides specific examples of how the duty of disclosure may be implicated when using AI tools in patent applications. The guidance acknowledges the increasing reliance on AI-based tools in patent practice and emphasizes the importance of compliance with existing rules and policies.