USPTO Champions and bans AI !
Prashant Dhodapkar
Retd. Chief General Manager (R&D) at Oil India Limited, Freelance Patent Professional
In an internal memo (obtained by WIRED news publication through a public information request), the United States Patent and Trademark Office (USPTO) has banned the use of generative AI in its offices due to various concerns, such as security, bias, and unpredictability.
In its reports issued occasionally (e.g. "Public Views on Artificial Intelligence and Intellectual Property Policy", October 2020), USPTO has expressed the aspirations of maintaining the USA's leadership in innovation, especially in emerging technologies such as AI. The USPTO has recently issued guidelines on patent subject matter eligibility for emerging technologies, including AI, to help inventors protect their technologies in the AI space. It also decided to work closely with other agencies such as the United States Copyright Office, which issued a notice of inquiry (NOI) on 'copyright and AI'.
USPTO's actions, though contradictory, are understandable. Inventors would hate to lose protection for their creations due to errors committed by generative AI tools in the process of prosecution or examination.
Amidst the hype and hope surrounding AI inventions, the innovators are in for a roller coaster ride.