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The U.S. Patent and Trademark Office (USPTO) released its new Artificial Intelligence Strategy for 2025, outlining how artificial intelligence (AI) is shaping intellectual property and the legal frameworks that support it. In this newsletter we share the key takeaways from the document and highlight how practitioners should navigate its impact in patent prosecution and litigation work.

Adapting IP policy to AI-driven innovation

A cornerstone of the USPTO’s strategy is developing policies to manage the evolving role of AI in inventorship, prior art, and patentability. The agency emphasizes that while AI systems can significantly contribute to the inventive process, patents must still list human inventors. This requirement ensures that AI cannot claim inventorship, but it also invites nuanced discussions about human-AI collaboration in innovation. The USPTO is also addressing the growing complexity of prior art searches. With generative AI tools capable of producing vast amounts of technical content, assessing novelty and originality has become increasingly challenging. Furthermore, the USPTO aims to limit patentable subject matter rejections by providing updated guidance on AI-related eligibility, clarifying human inventorship requirements, and emphasizing detailed enablement and description standards in applications. This is a necessary measure since in 2021 and 2022, the PTAB affirmed examiner § 101 rejections 87.1% and 88.4% of the time.

Considering these cornerstones, patent practitioners should ensure that all applications involving AI explicitly define the human inventor(s) and their specific contributions, clearly outlining how AI tools assisted without claiming inventorship. Applications should include detailed enablement and written descriptions that explain the role and functionality of AI in the invention to address subject matter eligibility challenges. Practitioners must refine their prior art search strategies, leveraging AI-assisted tools while carefully verifying results to manage the increasing volume of AI-generated content. Staying updated on the USPTO’s evolving policies, including its guidance on AI-related eligibility and PTAB trends in § 101 rulings, is also essential to minimizing rejection risks.

Operational integration of AI in the USPTO

To meet the rising demand for AI-related patent applications, the USPTO is investing heavily in workforce training and AI infrastructure. Patent examiners are receiving specialized training to enhance their understanding of AI technologies, while the agency is building advanced AI infrastructure to support its examination processes. For instance, in August 2024, Accenture Federal Services won a $75 million contract to scale the use of artificial intelligence (AI) and modernize how the United States Patent and Trademark Office (USPTO) performs patent examinations.

For practitioners, this trend underscores the need to stay informed about the tools and technologies used by the USPTO. Errors or biases in AI-assisted examination processes could become focal points in litigation, particularly in challenges to patent validity. As such, a deeper understanding of these systems will offer strategic advantages in navigating both patent prosecution and litigation. Knowledge of AI capabilities within the USPTO can help practitioners anticipate how examiners approach specific technologies and identify potential weaknesses in granted patents during litigation.

Global collaboration and harmonization in AI and IP

The USPTO’s AI Strategy also highlights the growing importance of global collaboration in addressing the challenges and opportunities AI presents to intellectual property. More specifically, initiatives like the AI/ET Partnership help the USPTO create platforms for dialogue among governments, industry leaders, and academics, looking to establish a shared understanding of how AI innovations should be protected worldwide.

One particularly notable collaboration is with the IP5, a group of the world’s largest IP offices, where the USPTO is working to establish guidelines for handling AI-related patent applications. These offices, along with other organizations like the European Patent Office and Japan Patent Office, are aligning their approaches on issues such as inventorship, prior art, and subject matter eligibility. The USPTO is also engaging with international standard-setting bodies, including ISO and IEC, to develop shared frameworks for AI governance, terminology, and risk management. These efforts reflect the recognition that consistent policies and standards are critical to ensuring AI innovation thrives on a global scale.

For practitioners, this international alignment is particularly relevant when advising clients with global patent portfolios or managing disputes involving AI technologies. A coordinated approach to AI-related IP standards not only reduces legal uncertainty but also simplifies patent prosecution strategies and improves enforceability across multiple jurisdictions. By staying attuned to these developments, you can better anticipate how emerging standards will influence cross-border disputes and help clients navigate the increasingly interconnected landscape of AI and intellectual property.

Looking Ahead

The USPTO’s AI Strategy represents a proactive and forward-looking effort to align the U.S. IP system with the realities of AI-driven innovation. For patent practitioners, it is both a challenge and an opportunity. By understanding these changes and staying ahead of emerging policies and tools, practitioners can better serve their clients while contributing to the broader development of AI in intellectual property law.

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