Google Proposes Four AI Patent Reforms to New USPTO Director
Executive Summary
Google's General Counsel has published four policy recommendations for the new Director of the U.S. Patent and Trademark Office (USPTO). The proposals aim to modernize the patent system for the age of AI to ensure the U.S. maintains its leadership in innovation. The recommendations focus on providing the USPTO with adequate resources, leveraging AI to assist patent examiners, clarifying that humans (not AI) are the inventors in AI-assisted creations, and restoring an efficient process for reviewing invalid patents.
Key Takeaways
* Increase USPTO Resources: Google advocates for a revised fee structure where large-scale filers pay more upfront, ensuring the agency has the necessary funds for thorough reviews of complex technologies.
* Leverage AI for Examiners: The USPTO should expand its use of AI tools to help examiners manage workloads, find prior art, and identify potentially abusive filing activity.
* Clarify AI's Role in Inventorship: Google urges the USPTO to formally recognize AI as a tool and affirm that patents for AI-assisted inventions belong to the human inventor, not the AI system.
* Restore Inter Partes Review (IPR): The company calls for restoring access to the IPR program, which provides a more efficient mechanism than litigation for invalidating poor-quality patents and promoting innovation.
Strategic Importance
As a leader in AI patents, Google is proactively shaping the regulatory landscape to support its innovation model and mitigate risks from low-quality patents that could stifle the industry. This positions the company as a key stakeholder in the development of U.S. intellectual property policy for AI.