AI Governance Library

USPTO Artificial Intelligence Strategy

The USPTO's January 2025 AI strategy sets out its AI vision, mission and five focus areas—covering AI-related IP policy, agency AI capability, responsible use, workforce expertise and collaboration—with concrete actions under each.
Cover of USPTO Artificial Intelligence Strategy

⚡ Quick Summary

Published by the United States Patent and Trademark Office (USPTO) in January 2025, this strategy sets out how the agency intends to use AI in its own operations and to shape AI-related intellectual property (IP) policy. It states an AI vision—"Unleashing America's potential through the adoption of AI to drive and scale U.S. innovation, inclusive capitalism, and global competitiveness"—and a three-part mission covering research, development and commercialization of AI; effective and responsible internal use; and empowerment through data and research.

The document is organised around five AI Focus Areas: advancing IP policies that promote inclusive AI innovation and creativity; building best-in-class AI capabilities through computing infrastructure, data resources and business-driven product development; promoting responsible AI use within the USPTO and the broader innovation ecosystem; developing AI expertise in the workforce; and collaborating with other U.S. agencies, international partners and the public. Each Focus Area carries numbered actions, such as Action 1.1 on anticipating emerging AI-related IP issues and Action 3.1 on maintaining public trust.

It records alignment with Executive Order 14110, OMB Memorandum M-24-10, Executive Orders 13960 and 14091, the NIST AI Risk Management Framework and the Blueprint for an AI Bill of Rights, and reports operational figures such as AI-related patent filings rising more than two-fold since 2002 and examiner use of AI search features in over 480,000 cases as of June 2024. It ends with appendices on acronyms and acknowledgments.

🧩 What’s Covered

The document moves from context to a defined strategy and closes with two appendices.

  • Foreword and introduction: Signed by Acting Director Derrick Brent, the foreword places the strategy among Biden-Harris Administration AI milestones—Executive Order 14110, OMB guidance, the NIST AI Risk Management Framework and the Blueprint for an AI Bill of Rights—and describes the agency's dual role of using AI internally and examining AI-related inventions.
  • AI and the USPTO: Sets out scale and context: over a million new applications annually, AI-related patent filings up more than two-fold since 2002 and 33% since 2018, appearing in 60% of technology subclasses used in 2023, plus the Open Data and research programmes.
  • Overview of the USPTO AI Strategy: States the AI vision, the three-part mission and the five AI Focus Areas, each identifying concrete actions.
  • Focus Area 1: IP policy—Actions 1.1 to 1.4 cover horizon-scanning for emerging AI-related IP issues across patents, trademarks, copyright and trade secrets; economic and legal research including the AI Patent Dataset; inclusion efforts spanning preK-12, post-secondary institutions and SMEs; and collaboration with Congress, the courts and international partners.
  • Focus Area 2: Best-in-class AI capability—Actions 2.1 to 2.3 cover computing infrastructure, sandbox environments, data stewardship and Open Data; mission-focused innovation from prototyping to deployment; and human-first alignment of business processes, workflows and end users, with feedback loops.
  • Focus Area 3: Responsible use—Action 3.1 sets out safeguards for equity, civil rights and civil liberties, secure IT practices, use of Authorizations to Operate, documentation and traceability, and clear communication of benefits and limitations; Action 3.2 covers AI in legal practice and IP-aware responsible AI practices such as lawful data sourcing, attribution and content provenance.
  • Focus Area 4: Workforce expertise—Actions 4.1 and 4.2 describe examiner training curricula, the Patent Examiner Technical Training Program, recruitment of AI skillsets, IT and legal upskilling, an agency-wide AI resource portal and the Premier Lecture Series.
  • Focus Area 5: Collaboration—Actions 5.1 to 5.3 cover the AI/ET Partnership, interagency work with NIST and the National AI Research Resource Pilot, and international engagement through the IP5, WIPO, the European Patent Office and the G7 Hiroshima AI Process.
  • Appendices: Appendix A lists acronyms and shortened forms; Appendix B acknowledges named contributors and stakeholder engagements.

💡 Why it matters?

The strategy is useful for anyone governing AI inside a public institution or tracking how IP policy is adapting to AI. It shows how a federal agency translates high-level instruments—Executive Order 14110, OMB M-24-10 and the NIST AI RMF—into internal practice: sandbox environments, data stewardship, documentation and traceability, existing IT governance mechanisms such as Authorizations to Operate, and communication of system benefits and limitations. It also records the agency's position on IP rights within responsible AI, including lawful data sourcing, attribution and content provenance, which matters to teams building, licensing or examining generative systems.

❓ What’s Missing

The strategy sets no budgets, deadlines, owners or success metrics for its 14 numbered actions, and it does not publish a document-specific URL. Several areas remain explicitly future work: copyright policy recommendations, trademark and trade secret analysis, and rules for AI in legal practice are described as ongoing. Quantitative evidence is limited to a handful of figures, and the document offers no model evaluation criteria, risk thresholds or procurement specifics. Its framing is tied to U.S. federal executive orders and OMB memoranda in force at publication, and it describes itself as an "initial baseline" whose goals "will undoubtedly evolve".

👥 Best For

Best for IP practitioners, in-house counsel and policy analysts tracking how AI changes patent, trademark and copyright practice, and for public-sector AI governance and risk teams looking for a worked example of turning federal AI directives into agency-level focus areas, controls and workforce plans.

📄 Source Details

The document is USPTO Artificial Intelligence Strategy, published by the United States Patent and Trademark Office in January 2025; 30 pages. The foreword is signed by Derrick Brent, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO, and Appendix B names contributors. The input was a text extraction of all 30 pages, including both appendices. The closing page prints www.uspto.gov; no URL specific to this document appears.

About the author
Jakub Szarmach

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