The Role of Artificial Intelligence in Promoting Sustainability at the Patent Office

“Utilizing AI to Accelerate Patent Examination Process Amid Rising Volume and Complexity of Applications”

Investment in R&D Reaches All-Time High, Straining Global Patent Ecosystem

Investment in research and development (R&D) has reached an all-time high, with an estimated worldwide investment of USD 2.476 trillion in 2022. This has led to a surge in the number of patent applications, placing significant strain on the global patent ecosystem, particularly patent offices. The increased volume and complexity of patent applications can result in significant delays in granting patents, leading to legal uncertainty that can stifle innovation, discourage further R&D investment, and erode the competitiveness of national economies.

AI Assists in Identifying Potential Prior Art

One method being adopted by patent offices to improve application timeliness is the use of artificial intelligence (AI) solutions. AI can assist in identifying potential prior art during examinations by mimicking the human ability to compare data between patent applications and existing patents and non-patent publications. This can significantly accelerate the review process in over 70 percent of applications.

Increasing Volume and Complexity of Patent Applications

The top five patent offices have experienced a 4.4 percent compound annual growth rate in patent applications from 2012 to 2021, according to data from the World Intellectual Property Organization (WIPO). The growing complexity of patents, as seen in the number of claims per patent, patents cited per claim, prior art citations per patent, and other measures, adds to the increase in application numbers.

Accelerating Patent Examination with AI-Powered Solutions

A number of patent offices are turning to AI-powered solutions to help them tackle the rising volume and complexity of patent applications. According to WIPO, over 70 AI-related initiatives are underway in 27 national patent offices, including 13 that focus on prior art searches. These initiatives aim to accelerate examination times, driving timeliness and ultimately customer satisfaction.

Quality Data, Quality Outcomes

Quality data is critical for training AI algorithms. The more data machine learning algorithms can access, the more relevant, reliable, and trustworthy their results can be. Using scientist-curated data that has been normalized, prepared, and connected in a structured format makes the information more easily searchable and improves the training of AI algorithms and the performance of prior art searches.

Leveraging Human Expertise and Workflow Integration and Technology

AI project teams require a wide range of subject matter expertise. The teams need cross-functional expertise in the challenges and outcomes being addressed. Workflow integration is another important discipline in creating a comprehensive solution for patent offices. Examiners can benefit from workflow improvements and technology enhancements that arrive at a single dashboard where all applications and supporting documents can be accessed and analyzed.

Summing Up

Dramatic improvements in patent office productivity, efficiency, and customer service are possible when examiners can wield tools built around the latest technologies, such as AI. As innovation accelerates, so will the rise in volume and complexity of patent applications. This means that patent offices will continue to require new methods to optimize the patent examination process and thereby meet stakeholder expectations for higher levels of service satisfaction.

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Read more about how the productivity of the global patent system can be enhanced by AI in a white paper by CAS entitled “Sustainability of the Global Patent System: the role of AI in enhancing productivity.

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