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Regulation Tracker / United States (federal)

The Applicability of Existing Regulations as to Party and Practitioner Misconduct Related to the Use of Artificial Intelligence

Patent Trial and Appeal Board and Trademark Trial and Appeal Board, USPTO — Judge Katherine K. Vidal

last revised 2024-02-06last verified 2026-09-061 versioncountry page →

PolicyIn forceCertification

map categories:Disclosure of AI use in filingsDuty to verify AI output

Unverified: we have not yet opened the official document at the linked address. The record is listed for completeness and excluded from search indexes until confirmed.

The USPTO Director advised the PTAB, TTAB, and General Counsel that existing regulations apply when parties and practitioners use AI in Board submissions, requiring signed papers to be reviewed by a person, accuracy of factual and legal representations verified, confidentiality protected, and sanctions available for misconduct.

Applies to
lawyers, parties
Effective
See version history
Current version
Original · 06 Feb 2024
Last verified
06 Sept 2026

What the document requires

  • The memorandum is addressed to the Patent Trial and Appeal Board, the Trademark Trial and Appeal Board, and the Office of General Counsel.
  • Existing USPTO rules apply regardless of how a submission is generated, including with AI assistance.
  • Any paper submitted under signature must be reviewed by the person presenting the paper.
  • The reasonable inquiry can include determining how the paper was prepared and verifying factual and legal representations.
  • Sanctions may include striking papers, preclusion, affecting weight, terminating proceedings, criminal liability, and disciplinary action.

Version history

VersionDateWhat changedSource
Originalcurrent2024-02-06First version recorded.official

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "The Applicability of Existing Regulations as to Party and Practitioner Misconduct Related to the Use of Artificial Intelligence" (Patent Trial and Appeal Board and Trademark Trial and Appeal Board, USPTO — Judge Katherine K. Vidal, Original, 2024-02-06), safelegalai.com/regulation/us-federal/us-uspto-boards-2024-ai-misconduct-memo (accessed 2026-10-07). Data: CC BY 4.0.

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