Whether or not you agree with the way Elon Musk and the Department of Government Efficiency (DOGE) are handling things, most Americans support having a government agency focused on efficiency.
Because the idea behind this initiative is sound.
DOGE is tasked with streamlining outdated systems and bringing bureaucracy into the 21st century.
One way that federal agencies can accomplish this is by implementing cutting-edge technologies to help them operate more efficiently.
That’s why I’m encouraged by DOGE’s inroads with artificial intelligence.
DOGE has been experimenting with AI-driven processes to improve everything from social services to tax auditing.
But a recent conversation with a colleague of mine got me thinking about how they could go even further.
He was telling me about a friend who works for the U.S. Patent and Trademark Office (USPTO) and the many challenges that agency faces today.
And it occurred to me that AI could be the perfect tool for DOGE to help revolutionize the U.S. Patent Office.
Here’s why that should matter to you…
The Problem With Patents
The USPTO has a new acting director and is fielding nominations for other key positions in the agency.
This kind of turnover isn’t unusual when a new presidential administration comes into office.
However, the agency is also facing two new executive orders that could have a significant impact on its workforce.
The first is a recent directive requiring federal employees to return to in-person work.
The USPTO established a successful remote work program all the way back in 1997, which means that some patent examiners have gotten used to working from home for decades now.
This new directive sending them back into the office could negatively affect employee retention and morale.
At the same time, a federal hiring freeze has led to canceled job postings and rescinded offers for new patent examiners.
This means there are fewer examiners to review an increasing number of patent applications.
And recent policy changes have made it even more difficult for them to challenge potentially invalid patents.
The Patent Office has a process called Inter Partes Review (IPR) that was designed to be faster and less expensive than traditional court litigation.
But a recent memo brought back “discretionary denials,” which could protect weak patents from being challenged.
It could also give patent trolls — companies or people who don’t actually make or sell anything but instead buy up patents just to sue others for money — more power to litigate.
Any of these issues on their own could be problematic. All of them piled up at the same time has created a catastrophe.
It has led to a massive backlog of patent applications.
Earlier this month the USPTO’s Acting Director, Coke Morgan Stewart, revealed that the total inventory of patent applications currently stands at 1.2 million. Of that historically high number, nearly 840,000 are unexamined applications.
Source: USPTO
This means that around 70% of current patent applications are awaiting initial written feedback from a patent examiner.
But it gets worse.
Because these same issues are leading to longer pending times.
Source: USPTO
Right now it takes the USPTO an average of 26.2 months from filing to final disposition.
But in today’s fast-paced world, new tech or software can become obsolete in two years.
You can’t argue that this is efficient.
Can AI Fix the Patent Office?
Obviously, the delay in processing applications is a major concern for applicants and the industry.
But the fact is, the USPTO is buried under a mountain of applications.
With over 600,000 patent applications filed annually, the process of reviewing them all is slow, expensive and riddled with human error.
Patents that should be rejected can slip through the cracks, while genuine innovations sometimes get unfairly denied.
It’s a system built for a different era, and it’s only getting worse.
But imagine if patent applications were reviewed by artificial intelligence.
AI systems could scan documents, compare them to existing patents and detect similarities or potential violations in seconds.
Using natural language processing (NLP) and machine learning, AI could evaluate whether a particular application meets the requirements for novelty, usefulness and non-obviousness — the three pillars of patent law.
They could even analyze technical drawings and other media, offering a much more comprehensive review process than what’s possible today.
And it’s not just that AI could speed up the patent process. AI could also be trained to recognize novel inventions more effectively than human examiners.
Why does this matter?
Because AI could dramatically reduce the time it takes for companies to protect their innovations, especially in fast-moving industries like biotech, software and clean energy.
Companies using these streamlined services could gain a significant edge over competitors.
What’s more, startups developing AI-powered IP management tools could become highly valuable commodities.
And as the adoption of AI-driven systems grows, we could even start seeing AI invent things on its own.
There have already been court cases arguing over whether AI can be credited as an inventor.
But if AI systems become the norm for patent reviews, it’s possible that AI could also become part of the invention process itself.
Here’s My Take
The transition to a fully AI-powered patent review system would require a lot of trust in the technology’s ability to judge fairly.
And I don’t believe we’re there yet.
But that shouldn’t stop the USPTO from incorporating AI into the patent process today. There are plenty of ways it could be used right now to improve efficiency and decrease the workload on patent examiners.
Even if AI initially improves efficiency by only 20% it would be a massive return on investment and would help ease an overburdened system. And over time, as AI continues to streamline processes while the technology improves, that percentage should rapidly increase.
That’s why I’m convinced DOGE should start pushing the USPTO in this direction sooner than later.
Because a strong patent system encourages investment in research and new ideas.
It also helps the U.S. stay a leader in innovation.
After all, companies and individuals are more willing to develop cutting-edge technology when they know their ideas will be protected.
Look, it’s only a matter of time before governments around the world start experimenting with AI in the patent space.
But I want America to remain the world’s innovation trailblazer.
That’s why I’m fine if DOGE continues to push the limits of AI integration within the federal government, especially when it comes to the USPTO.
Because I believe it will keep us on this path.
Regards,
Ian KingChief Strategist, Banyan Hill Publishing
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