USPTO Update – Automated Search Pilot Program

The USPTO takes another step in the direction of AI-assisted search with a new pilot program. Starting October 20, the USPTO is launching an Automated Search Pilot Program that uses AI to conduct prior art searches BEFORE a patent examiner even looks at your application.

For a $400 petition fee ($200 small entity, $100 micro), applicants can receive an Automated Search Results Notice (ASRN) listing up to 10 potentially relevant prior art references ranked by an AI tool. The notice arrives after pre-examination processing but before the examiner begins substantive review.

What you get:
The ASRN provides an early preview of the prior art landscape, giving applicants a critical window to assess patentability before investing in full prosecution. No response is required, but the notice opens several strategic options: file a preliminary amendment to distinguish the claims, request express abandonment with refunds on search and excess claims fees, or defer examination to reassess your approach.

Impact on prosecution:
The examiner will consider the ASRN references during search but isn’t bound by them. References only appear on the issued patent if the examiner cites them on a PTO-892 or if the applicant includes them in an IDS. This creates an interesting dynamic – applicants get earlier intelligence without necessarily expanding the prior art of record unless the examiner independently finds the references relevant.

The strategic value:
For applications in crowded art areas or where business decisions hinge on patentability assessments, this program offers data when it matters most – early enough to pivot without sunk costs. For startups seeking funding or companies evaluating portfolio investments, the ASRN could provide objective third-party validation (or reality check) on patent prospects.

Important limitations:
You must petition on the filing date – no second chances. The program accepts only original, non-continuing utility applications filed electronically through Patent Center in DOCX format between October 20, 2025 and April 20, 2026 (or until 1,600 applications are accepted).

This pilot represents the USPTO’s continued embrace of AI tools to improve examination efficiency and transparency. Whether it delivers meaningful value will depend on the quality of the AI-generated results and how applicants leverage the early intelligence.

Full details: Federal Register, Docket No. PTO-P-2025-0011, published October 8, 2025 – https://lnkd.in/e67jy4Xj

This update is for informational purposes only and does not constitute legal advice. Specific questions should be directed to your patent attorney.