News & Insights

USPTO Launches Automated Search Pilot Program to Provide Early Prior Art Insights

October 15, 2025

By: Timothy J. Meagher and Daniel A. Fleisher

Top Three Takeaways:

Early Prior Art Notice: The USPTO’s new Automated Search Pilot Program provides applicants with an Automated Search Results Notice (ASRN) listing up to 10 AI-identified prior art documents before substantive examination begins.

Applicant Decision Point: Applicants can choose to submit these references in an Information Disclosure Statement (IDS) to ensure examiner consideration, amend claims proactively, or take no immediate action. Each option involves strategic trade-offs.

Pilot Scope and Timing: The program runs from October 20, 2025, through April 20, 2026, targeting at least 1,600 original, noncontinuing, nonprovisional utility applications filed electronically in DOCX format, with participation by petition and fee.

The United States Patent and Trademark Office (USPTO) has introduced the Automated Search Pilot Program to enhance patent prosecution by providing applicants with early visibility into potentially relevant prior art. Using an internal AI tool, the USPTO will conduct automated prior art searches and send applicants an Automated Search Results Notice (ASRN) listing up to 10 references deemed most relevant. This notice arrives before the examiner’s substantive review, offering applicants a chance to assess prior art risks early in the process.

Importantly, the ASRN is not an official rejection or a formal requirement to respond. Applicants are not obligated to act on the notice but may choose to submit the listed references in an Information Disclosure Statement (IDS) to ensure they are officially considered and listed on a later issued patent. Filing an IDS involves preparation costs and may trigger additional fees if the number of references exceeds certain thresholds. Applicants may also amend claims preemptively to distinguish over the ASRN references, though this carries the risk of unnecessarily narrowing claims if the examiner ultimately relies on different prior art.

The pilot program is limited to original, noncontinuing, nonprovisional utility patent applications filed electronically in DOCX format between October 20, 2025, and April 20, 2026, or until each Technology Center has docketed 200 applications in the program. Participation requires that the applicant file a petition with the fee set forth in 37 CFR 1.17(f) of $450 for a large entity, $180 for a small entity, and $90 for a micro entity. The USPTO aims to evaluate the impact of early prior art disclosure on prosecution strategies, the scalability of AI-generated search results, and the overall effectiveness of integrating automated tools into examination workflows.

While the program offers applicants valuable early insight, it also introduces new strategic considerations. Applicants must balance the cost and effort of analyzing and potentially submitting ASRN references against the risk of unaddressed prior art during examination. Additionally, examiners are not required to consider or list ASRN references unless submitted via IDS, and historically, examiners have not consistently used similar AI-generated search tools or relied on their results. Applicants should also consider the implications for related applications, as cross-citation of ASRN references may be necessary.

In summary, the USPTO’s Automated Search Pilot Program represents a significant step toward leveraging AI to improve patent examination transparency and efficiency. Applicants that choose to participate in the program are encouraged to carefully evaluate the ASRN and develop a prosecution strategy that aligns with their portfolio goals and risk tolerance. Monitoring the program’s outcomes will be important as the USPTO refines its use of AI in patent prosecution.

For more detailed information, please refer to the official USPTO notice: United States Patent and Trademark Office, Automated Search Pilot Program, 90 Fed. Reg. 48161 (Oct. 8, 2025).