On October 2, 2023, Elizabeth Manno was quoted in Bloomberg Law on the recent rollout of artificial intelligence (AI) tools from the U.S. Patent and Trademark Office (PTO). The PTO’s new AI systems are poised to help patent examiners assess submissions, to speed up and strengthen their application examinations.
While the implementation of such AI systems has been met with some scrutiny, patent technology specialists have emphasized that examiners retain control over whether a prior work is relevant to patentability.
“As the tools get smarter, petitioners will be challenged to come up with prior technology that hasn’t been in front of an examiner,” explained Manno. According to the article, uncited prior art typically assists challenges to a patent’s validity at the Patent Trial and Appeal Board (PTAB).
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