USPTO Announces Automated Search Pilot Program
The U.S. Patent and Trademark Office (USPTO) has introduced the Automated Search Pilot Program to test the use of artificial intelligence in the prior art search process. The program begins on October 20, 2025, and runs until April 20, 2026, or until the USPTO accepts 1,600 applications (a limit that may later be increased), with at least 200 applications allocated to each Technology Center.
Eligibility is limited to new utility applications filed under 35 U.S.C. § 111(a). The program does not cover national stage entries under § 371, plant or design applications, reissues, or applications claiming priority to earlier § 111(a) applications, such as continuations, divisionals and CIPs. Applications must be filed electronically in DOCX format.
Applicants who wish to participate must file a petition at the time of application filing using the designated USPTO form and pay the petition fee of $450 for large entities or $180 for small entities. If accepted, the USPTO will conduct an AI-based prior art search and issue an Automated Search Results Notice (ASRN). The ASRN provides the search string used by the system along with a list of up to ten documents ranked in descending order of relevance, along with a search string that can be used to file more documents.
The ASRN is not considered an action on the merits. After receiving it, applicants may amend their claims without restriction, or choose to abandon the application to obtain a partial refund of certain fees. Importantly, the documents identified in the ASRN are not automatically made part of the application record. They will only appear on the face of the patent if cited in an Information Disclosure Statement by the applicant or listed by the examiner on a PTO-892 form.
Through this pilot, the USPTO seeks to evaluate whether early access to automated search results can improve prosecution efficiency, enhance patent quality, and support more informed decision-making by applicants.
What This Means for Applicants
Consider whether early access to AI-generated prior art could strengthen claim drafting and reduce prosecution costs.
Be prepared to file in DOCX format and enroll in the USPTO’s e-Office Action Program to qualify.
Evaluate the tradeoff of petition fees against the potential benefits of early search results.
Use the ASRN strategically: refine claims, plan for potential office actions, or withdraw an application if appropriate.
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The attorneys at Renner Otto will continue to monitor this and other developments as they occur at the USPTO. We strive to be authorities in all matters concerning the ever-evolving landscape of Intellectual Property; however, the information provided on our website is not intended to be legal advice, nor does it create an attorney-client relationship.