USPTO Clarifies Guidance to Judicial Boards on Holding Parties Responsible for the Misuse of AI in Legal Proceedings

On February 6, 2024, USPTO Director Kathy Vidal issued guidance clarifying the existing rules regarding using Artificial Intelligence (AI) in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). Notably, the guidance addresses the concerns that AI will be misused or left unchecked and states “any paper submitted to the USPTO under signature must be reviewed by the person presenting the paper…Simply assuming the accuracy of an AI tool is not a reasonable inquiry.”  The guidance also describes sanctions for submissions which include misstatements of facts or law.  A copy of the Director’s memorandum can be found here.