USPTO AI Pilot for Pre-Exam Utility Application Search

The USPTO has announced a new Artificial Intelligence Search Automated Pilot (ASAP!) Program beginning October 20, 2025 to test the USPTO’s internal artificial intelligence tool’s efficacy to conduct pre-examination prior art searches. There will be a limited number of patent applications which the USPTO will initially accept into the ASAP! Program, and the ASAP! Program is currently scheduled to terminate on April 20, 2026.

According to the USPTO, the ASAP! will provide applicants with an AI-Assisted Search Results Notice (ASRN) identifying a “top ten list” of potential prior art issues so that applicants may assess their claims against prior art before substantive examination.  In that regard, applicants will have an opportunity to take potential courses of action, including (1) filing a preliminary amendment; (2) marshaling evidence for affidavit practice and notice taken by the USPTO; (3) requesting deferral; or (4) filing petitions, including express abandonment, to seek a refund of certain fees if examination is no longer desired.

To participate in the ASAP! Program, the application must be filed electronically with the specification, claims, and abstract in DOCX format, the applicant (or their attorney or agent of record) must be enrolled in the Patent Center Electronic Office (e-Office) Action Program, and the applicant must file a petition accompanied by a petition fee set forth in 37 CFR 1.17(f), which is currently $90 for a micro entity, $180 for a small entity, and $450 for other than a small or micro entity.

Certain utility applications will not be included in the ASAP! Program, such as international applications which have entered the national stage under 35 USC 371, design applications, reissue applications, and continuing applications (continuation, divisional, or continuation-in-part applications).

For further information, please contact Staas & Halsey LLP at info@s-n-h.com