USPTO to Launch AI-Powered Image-Based Search Tool for Design Patents Amidst New Legal Standards
The US Patent and Trademark Office (USPTO) has announced the upcoming launch of an artificial intelligence (AI)-powered image-based prior-art search tool for design patents, scheduled to go live on October 1, 2025 (fiscal year 2026). Examiner training for the new tool is set to begin this month, with a public notice anticipated in the near future.
Rationale
This development follows the recent LKQ Corp. v. GM decision, which permits examiners to consider prior art from any field of endeavor. As a result, applicants may face a more challenging path to allowance, with a heightened risk of rejections and the need for redesigns.
The introduction of this AI-driven tool is expected to significantly expand the range of relevant prior-art references available to examiners, thereby raising the standards for establishing novelty and non-obviousness in design patent applications.
Practical Implications
Given these changes, conducting a focused and comprehensive prior-art search prior to filing a design patent application will become increasingly important. Applicants are advised to work closely with counsel who are well-versed in both the evolving AI landscape and current design patent examination practices to mitigate risks and improve the likelihood of successful prosecution.
Applicants and practitioners are encouraged to monitor further announcements from the USPTO regarding the rollout of the new search tool and to participate in upcoming informational events to stay informed of best practices in design patent prosecution.
Contacts
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