PTAB.
Patent Trial and Appeal Board (USPTO). USPTO published practitioner AI guidance covering patent prosecution and PTAB practice.
PTAB AI policy status. #
The PTAB is the post-grant administrative body within the United States Patent and Trademark Office, hearing inter partes reviews (IPRs), post-grant reviews (PGRs), and ex parte appeals from patent examiner decisions. The USPTO published practitioner AI guidance in April 2024 addressing both patent prosecution and PTAB practice. The guidance covers verification, disclosure where material, and supervision of AI tools used in any USPTO matter. PTAB practitioners (registered patent attorneys and patent agents) are bound by the USPTO Rules of Professional Conduct (37 CFR Part 11), which incorporate the verification duty.
Authoritative source: https://www.uspto.gov/initiatives/artificial-intelligence/notices-and-related-actions
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Why PTAB matters. #
PTAB practice is high-stakes and high-tech. IPR proceedings invalidate patents at significant rates and cost. AI use in claim construction, prior-art analysis, and brief drafting is now routine. The April 2024 USPTO guidance is the formal anchor; practitioners ignoring it are at registered-attorney discipline risk under 37 CFR Part 11.
Practice implications. #
Patent practitioners using AI in PTAB matters must verify AI-generated content (case citations, claim-construction analysis, prior-art summaries) before submission. Disclosure where material to the proceeding (e.g., AI-assisted prior-art search disclosed in mandatory candor obligations under 37 CFR § 11.18). Supervision applies to staff and contractor AI use. The USPTO's Office of Enrollment and Discipline (OED) has discipline authority for registered attorneys and agents.
