I am pleased to share my Law360 article, covering the duty of candor and good faith featured in Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, released by the USPTO on April 11.
A full copy of the article may be accessed here.
The AI ethics guidance stresses that it does not constitute substantive rulemaking and that it lacks the force of law,[34] yet it clearly expresses the USPTO's expectations of how patent and trademark applicants should comply with the duty of candor and good faith when making any use of AI. As demonstrated above, serious consequences can visit patent and trademark applicants who violate that duty.
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