USPTO Announces Automated Search Pilot Program

The US Patent and Trademark Office (USPTO) has announced the launch of its Automated Search Pilot Program, an initiative designed to evaluate the use of artificial intelligence (AI) tools to enhance patent prior art searches. The program will test the use of an AI-powered search tool to identify potential prior art before a patent application is examined.

Beginning October 20, 2025, and running until April 20, 2026, or until 1,600 applications (approximately 200 per technology center) are accepted, this program will allow applicants to receive an Automated Search Results Notice (ASRN)—a list of up to 10 relevant documents ranked by the AI-powered search tool—before formal examination begins, thereby giving applicants an early insight into the potential prior art landscape for their invention.

Participation requires filing a petition (Form PTO/SB/470) with a fee ($90 for a micro entity, $180 for a small entity, and $450 for a large entity, in accordance with 37 CFR 1.17(f)) on the same day the patent application is submitted. Eligible applications must be original, noncontinuing, nonprovisional utility patents filed electronically through the USPTO’s Patent Center.

The USPTO’s AI search tool will analyze both patent classification data and application text to identify similar disclosures across US and foreign patent databases. The ASRN is intended to provide applicants with an early view of possible prior art, which can help guide strategic decisions, such as whether to amend claims, defer filing, or abandon the application prior to substantive examination. While applicants are not required to respond to or act upon the ASRN, they may leverage the insights provided to refine their filings and streamline future prosecution.

The USPTO will use data and feedback from this pilot program to assess the effectiveness, scalability, and usefulness of the automated search process for insights into the future integration of AI tools into the broader patent examination process.

KEY TAKEAWAYS

Early Visibility into Prior Art

The ASRN offers applicants a preliminary look at potential prior art references before an examiner conducts a formal search, providing an opportunity to identify and address possible rejections early.

Strategic Advantage in Prosecution

By reviewing AI-identified prior art ahead of examination, applicants can make informed strategic adjustments—such as claim amendments or specification refinements—potentially reducing the likelihood of multiple Office Actions or Requests for Continued Examinations (RCEs).

Cost and Time Efficiency

Addressing potential prior art early can lead to fewer prosecution rounds, lower overall costs, and faster allowance, particularly if the AI results overlap with references that would otherwise be used in a first Office Action.

Enhanced Patent Quality

The AI search may uncover material prior art that an examiner might not otherwise find. Identifying and addressing such references proactively can strengthen an issued patent by reducing vulnerability in post-grant proceedings or litigation, such as by limiting the ability of third-party challengers to rely on such prior art.

No Substantive Obligation

Applicants are not required to respond to or comment on the ASRN, making participation low-risk while still offering potentially high informational value.

NEXT STEPS

Evaluate Eligibility

Confirm that any intended applications meet the USPTO’s Automated Search Pilot Program requirements—namely that they are original, noncontinuing, and nonprovisional utility applications filed through the Patent Center.

Assess Strategic Fit

Consider whether early AI-assisted prior art identification aligns with your goals—for example, expediting prosecution, reducing costs, or strengthening patent defensibility.

Prepare Petition Materials

Coordinate with patent counsel to complete and submit Form PTO/SB/470 with the appropriate fee on the same day the application is filed.

Plan for Integration

Develop internal workflows to review and analyze ASRNs efficiently. Decide how insights from the AI-generated results will be incorporated into claim drafting or amendment strategies.

Monitor Program Outcomes

Stay informed about the USPTO’s ongoing feedback and data collection efforts, as the results of this pilot may shape future examination policies or broader adoption of AI in the patent system.