Patenting for Inventors Ep.161: The Robots Are Coming… to Help You Patent! The Patent Office’s New Pilot Program for AI Patent Searches

In this episode of Patenting for Inventors, partner Adam Diament explores a bold new experiment from the U.S. Patent and Trademark Office — one that officially gives artificial intelligence a role in the patent process.

The Automated Search Pilot Program, launching October 20, 2025, uses AI tools to perform early prior art searches for newly filed patent applications — before human examiners even begin their review. The system scans global patent databases and delivers an “Automated Search Results Notice” (ASRN) with up to ten relevant documents for applicants to review.

Adam breaks down:

• How the pilot program works and who qualifies

• What applicants must file (and when) to participate

• Why AI-assisted searches could improve patent quality and efficiency

• The benefits — and potential pitfalls — of letting “robot interns” into the patent office

From the petition fees and filing format to the strategic opportunities this creates for inventors, entrepreneurs, and patent attorneys, this episode is your clear guide to understanding the USPTO’s next big leap into AI.

Patenting for Inventors Ep. 161:

Podcast Transcript:

Hello and welcome to the Patenting for Inventors podcast. I’m your host, Adam Diament, patent attorney and partner at the law firm of Nolan Heimann in Los Angeles, California. This episode is ““The Robots Are Coming… to Help You Patent! The Patent Office’s New Pilot Program for AI Patent Searches”

Now, before you yawn, hang with me. This program is actually a fascinating blend of artificial intelligence, patent law, and a sprinkle of bureaucratic optimism. In other words, the government just gave AI a seat at the patent table… and we’re all invited to see what happens next.

So what is this new Automated Search Pilot Program? In short, it’s the patent office experimenting with using AI tools to automatically search for prior art — meaning earlier inventions that might affect whether your invention is patentable — before a human examiner even looks at your application. Think of it like the office’s new robot intern. It doesn’t take coffee breaks, it doesn’t need paid time off, and it doesn’t roll its eyes when you file fifty claims. It just runs a search across U.S. patents, published applications, and foreign patent databases, then spits out a list of up to ten potentially relevant documents. The patent office then sends that list to you — the applicant — in something called an Automated Search Results Notice, or ASRN for short.

The ASRN isn’t an “Office Action.” It’s not a rejection. It’s more like an early warning radar ping: “Hey, here are some documents the AI thinks might be related to your invention. You might want to take a look before we start examination.” The program officially kicks off on October 20, 2025, and runs until April 20, 2026 — or until each USPTO Technology Center fills up its quota of about 200 accepted applications, whichever comes first. Across all technology areas, they plan to accept about 1,600 applications total. If it goes well, they might extend it. If it goes badly… well, the robots go back into the basement for retraining.

So, if you’re filing a patent application in that window — and it’s a brand-new, original, non-continuing utility application — you can throw your hat in the ring. Of course, this being the USPTO, there are rules. Only certain applications qualify. It has to be an original, noncontinuing, nonprovisional utility application, not a PCT national stage or anything imported from abroad. It also has to be filed electronically through Patent Center, using DOCX format for your specification, claims, and abstract. And you’ve got to be enrolled in the e-Office Action program — that’s the USPTO’s way of sending you communications electronically instead of through old-fashioned paper mail.

If you’re filing a continuation, a divisional, a continuation-in-part, a design, plant, or reissue application — sorry, no dice. The program is focused on clean, brand-new filings only. The goal is to see how AI handles first-time applications with no baggage — no parent case, no prior prosecution, no claim amendments muddying the waters. Just a fresh start.

Now, how do you actually sign up for this shiny new experiment? When you file your patent application, you’ll also need to file a petition under using a special form officially titled “Certification and Petition to Participate in the Automated Search Pilot Program.” That petition has to be filed on the same day as the application — not later, not next week. The system won’t let you hop in after the fact. You’ll also have to pay a petition fee, which as of now is $420 for a large entity, $210 for a small entity, and $105 for a micro entity. No other fees, no discounts for good behavior. And here’s the kicker — if you mess up the petition, there’s no second chance. You can’t fix it later. The Office will just dismiss it and move on. In other words, double-check your boxes before you click submit. The robot won’t take pity on you.

Let’s say your petition is perfect, your application is clean, and the patent office lets you in. What happens next? After the normal pre-examination checks — like making sure your fees are paid and your drawings don’t look like cave art — the AI tool kicks in. The system uses your application’s Cooperative Patent Classification, along with the text of your specification, abstract, and claims, to find similar documents in several databases: U.S. patents, U.S. pre-grant publications, and a large foreign database called FIT, which pulls in published patent documents from other countries. The AI then ranks the top matches — usually up to ten documents — and generates that Automated Search Results Notice.

Now, the ASRN doesn’t include the actual copies of those documents, but it does give you enough information to pull them up in the USPTO’s Patent Public Search system. It even includes a search string you can plug in yourself if you’re feeling brave enough to tinker in the public search tool. When you get that ASRN, you’re not required to respond, but you might want to. It gives you a sneak peek at what prior art the examiner might end up finding later. That means you can file a preliminary amendment under to tighten your claims or add backup positions, or file a petition to defer examination if you want more time to think, or even file an express abandonment to get a refund for your search and excess claim fees if you decide to start over or pivot. Basically, it gives applicants more control early on — before the Office Action clock starts ticking.

When the examiner finally does pick up your case, they’ll see the ASRN in your file. They’re not required to list those documents on their own search form unless they actually use one in a rejection, but they are expected to consider those documents, just like they would any other reference sitting in their search database. So while it’s not binding, it’s definitely influencing how the examiner approaches the search. It’s like giving them a pre-filled shopping cart of prior art to check out.

Now let’s zoom out for a second. Why is the patent office doing this at all? Two reasons: quality and efficiency. They want to see whether giving applicants and examiners this early AI-generated search data leads to better, faster examination — fewer Office Actions, fewer requests for continued examination, and fewer “oops, I should’ve amended that” moments. They’re also testing scalability. Can their AI handle the volume if this becomes a regular feature? If the pilot works, you might start seeing automated search results as part of every new application someday. If it doesn’t, well — they’ll tweak the algorithm, publish a polite report, and quietly move on. Either way, it’s a big step toward integrating AI into patent examination.

The patent office is being careful about data use, too. They emphasize that the AI model is trained only on public patent data — not applicant identities or company names — and that confidentiality is fully maintained. No secret sauce leaks, no data sent to the cloud, no AI gossiping about your invention behind your back.

So who should consider this program? It could be really useful for independent inventors who want early insight into potential prior art without paying for a third-party search, or for startups trying to gauge their patent strength before investing in full prosecution. It might also appeal to attorneys or agents who like to fine-tune claim strategy before the first Office Action lands. And let’s face it — it’ll attract anyone who just likes being part of the patent office’s next big experiment.

Who might not want to bother? Applicants with continuing applications are excluded, as are those with design or plant patents. Some folks might feel uneasy about AI touching their application data, even if the patent office swears it’s secure. And anyone allergic to paperwork might want to sit this one out, because you do have to file that petition just right. For some applicants, it may not be worth the hassle, but for others, it could save real time, money, and headaches later in prosecution.

The cost is actually reasonable — that petition fee is the only new expense. You’re looking at $420 for a large entity, $210 for a small one, and $105 for a micro entity. There are no hidden fees and no subscription. For that amount, you’re getting an early search from the same kind of AI the USPTO is building into its examiner tools. If you were to pay a private search firm for a similar result, you’d likely spend over a thousand dollars. So for applicants already filing new applications in that timeframe, it’s a relatively cheap experiment with potential upside.

The patent office isn’t pretending AI is a distant idea anymore. It’s here, it’s part of the workflow, and this pilot is how they’re testing the waters responsibly. Maybe — just maybe — it’ll make your next patent journey a little smoother. Or at least give you something to brag about: “Yeah, my prior art search was done by a robot.”

So to sum it up, the Automated Search Pilot Program is the patent office’s way of experimenting with AI to improve how prior art is identified before examination even begins. You file a regular patent application, throw in a petition and a small fee, and in return, the Office’s AI runs a pre-exam search and sends you the results. You don’t have to do anything with them, but you can use them strategically to clean up your application, delay prosecution, or even decide not to pursue it. It’s voluntary, it’s short-term, and it’s a sign of things to come.

If it works, AI-assisted search could become the norm, not the exception, in patent law. And if it doesn’t, at least we’ll know the robots aren’t quite ready to replace examiners just yet. That’s it for today’s episode. If you found this useful, share it with your inventor friends — or that one startup founder who’s always telling you they’ve “got this great idea” but haven’t filed yet, connect with me by giving me a call at 424-281-0162. Thanks for listening, and until next time, I’m Adam Diament, and keep on inventing!