Director Issues Guidance on Use of AI for Documen

Director Issues Guidance on Use of AI for Documents Submitted to PTAB, PTAB Litigation Blog

Visit the PTAB Litigation Blog

USPTO Director Katherine K. Vidal issued guidance on February 6, 2024 regarding the use of AI in drafting materials submitted to the USPTO’s administrative boards, including the PTAB.  Of biggest concern in the guidance is the submission of false information to the PTAB possibly generated by AI.  In the guidance, Director Vidal discusses certain USPTO Rules that practitioners are required to follow and identifies sanctions for violating same.  Although the guidance highlights certain USPTO Rules relevant to the use of AI, Director Vidal cautions that these are just “exemplary and not exhaustive.”  Regardless of whether AI is used to generate PTAB submissions, the buck stops with the practitioner signing the submitted papers.

Read the full article at

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.