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My take on the USPTO’s new ASAP! Automated Search Pilot program announced last week:

Using AI to find the most relevant patents after you’ve filed the application is like surveying your property lines after the house is built. It’s useful information to have, but 10x more valuable if the contractor had it while laying the foundation.

It’s great to see the USPTO leaning into AI, but relying on post-filing prior art searching leaves applicants (and their attorneys) with few good options.

Wouldn’t you rather know the top 10 most relevant prior art references before filing, when you still have the chance to adapt your claim scope, technical focus, and filing strategy?

And wouldn’t you also like to avoid the cost and delay of traditional pre-filing searches altogether?

Maybe the next step is figuring out how to bring AI upstream, while the foundation is still being poured.

Source: LinkedIn Post by Nathan Mutter

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