AIPLA Comments to USPTO on AI Generated Prior Art

Arlington, VA. July 29, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO in response to their Request for Comments Regarding the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing (“the RFC”).

The comments address the challenges posed by AI-generated disclosures, such as the definition of AI-generated content, its implications for prior art, and potential barriers to patentability due to the volume of AI-generated publications. AIPLA suggests that while existing laws and procedures can address some concerns, there should be expanded guidance, examples, and training for examiners on handling AI-generated disclosures. The comments recommend continued monitoring and reporting on the impact of AI in the patent system, and legislative amendments should be considered if current laws become unworkable. The comments emphasize the need for clear definitions and standards to avoid confusion and ensure fair and effective patent laws.

Please download the comments posted to the right of this page to view in full.