On October 8, 2025, the Office announced the “Automated Search Pilot Program,” a new initiative that will use an internal AI tool to conduct a prior art search before an application undergoes substantive examination. The pilot program slated to begin on October 20, 2025 offers applicants a unique, early look at an AI-generated report on potential prior art.  This is the latest development in the USPTO’s ongoing efforts to integrate AI into its processes, following previous enhancements to the Patents End-to-End (PE2E) search suite, such as the AI-powered “Design Vision” tool for image searching in design patents.

How the Pilot Program Works

For a limited number of applications, the USPTO will use its proprietary AI tool to perform a preliminary search of U.S. patents, pre-grant publications, and foreign patent documents leveraging the application’s classification, specification, claims, and abstract.  The result is an Automated Search Results Notice (ASRN), which lists up to 10 of the most relevant prior art documents as ranked by the AI tool.

Key details for participation:
  • Eligibility: The pilot is open to original, non-continuing, non-provisional utility patent applications filed under 35 U.S.C. 111(a).
  • Timeline: Petitions to participate will be accepted from October 20, 2025, until April 20, 2026, or until ~1,600 applications (200 per Technology Center) are accepted.
  • Requirements: Applicants must file a petition (Form PTO/SB/470), pay the corresponding fee ($90 for micro, $180 for small, and $540 for large entities respectively) on the same day the application is filed, file in DOCX format through Patent Center, and be enrolled in the e-Office Action Program.
Takeaways for Practitioners and Applicants

Similar to conducting a prior art search the ASRN provides an early glimpse into the potential hurdles an application may face, creating several possible strategic advantages. Practitioners and applicants can make informed decisions before significant prosecution costs are incurred.  The ASRN is not an Office Action, and there is no requirement to respond; however, it can inform next steps:

  • File a Preliminary Amendment: Proactively amend the claims to better distinguish over the art cited in the ASRN, placing the application in better condition for allowance.
  • Request Deferral of Examination: If the cited art requires more detailed analysis, Applicants can request to defer examination to allow for more time.
  • Consider Abandonment: If the ASRN uncovers highly relevant prior art, the applicant can abandon the application and petition for a refund of certain fees saving future costs.
A Word of Caution and Other Considerations

While the potential benefits of using AI appear worthwhile, practitioners and applicants should approach this pilot with an objective lens, grounded in the current realities of the technology.

  • A False Sense of Security: Commentaries from the patent examiner community suggest that current AI search tools are far from perfect. An ASRN listing no highly relevant art does not guarantee that none exists. A human examiner’s comprehensive search may still uncover a dispositive reference.
  • Quality of AI Results: The program’s effectiveness hinges on the AI tool’s quality. Past AI initiatives have received mixed reviews from examiners. The ASRN should be viewed as a supplemental data point, not a complete search.
  • An Incomplete Picture: The ASRN is limited to 10 documents and is not an exhaustive search. It may highlight key references but will inevitably miss others.
  • Navigating the Duty of Disclosure: The ASRN introduces a new consideration regarding the duty of candor. Upon receipt, the applicant and their representative are officially aware of the cited references, creating a professional obligation to review them for materiality. If a reference is material, the most prudent course remains to submit it on a formal Information Disclosure Statement (IDS).
AI’s Evolving Role at the USPTO

The USPTO is exploring ways to assist examiners and streamline the patent prosecution process for everyone.  It is part of their broader strategy to leverage AI to improve examination.

For now, this is a limited pilot program.  However, its results will undoubtedly inform the USPTO’s next steps in integrating AI more deeply into its operations.  The program offers a potentially valuable, low-risk opportunity to gain an early strategic advantage in the patenting process.  Practitioners with new utility applications to file in the coming months should consider whether their clients could benefit from being among the first to participate.