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Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the USPTO

United States Patent and Trademark Office

last revised 2024-04-11last verified 2026-09-031 versioncountry page →

GuidanceIn forceVerification dutyConfidentialityCompetence

map categories:Duty to verify AI outputClient data in AI toolsTechnological competenceBar guidance on generative AI

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.

Guidance published by the United States Patent and Trademark Office on 11 April 2024 reminding practitioners that existing signature, candor and confidentiality duties apply when AI tools are used to prepare filings. Practitioners must review AI-assisted documents before submission, must not disclose client information to tools without safeguards, and remain responsible for accuracy.

Applies to
lawyers, parties
Effective
11 Apr 2024
Current version
Federal Register notice (89 FR 25609) · 11 Apr 2024
Last verified
03 Sept 2026
Official text
www.federalregister.gov/documents/2024/04/11/2024-07629/guidance-on-us…

What the document requires

  • Signature requirements under 37 CFR 11.18 apply to AI-drafted submissions; the signer certifies reasonable inquiry.
  • Duty of candor and good faith extends to AI-assisted prior-art searches and responses.
  • Confidential client and export-controlled information must not be entered into tools that may disclose it.
  • No duty to disclose AI use unless specifically required or material to patentability.

Version history

VersionDateWhat changedSource
Federal Register notice (89 FR 25609)current2024-04-11First version recorded.official

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the USPTO" (United States Patent and Trademark Office, Federal Register notice (89 FR 25609), 2024-04-11), safelegalai.com/regulation/us-federal/uspto-ai-tools-practice-guidance (accessed 2026-09-04). Data: CC BY 4.0.

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