Following up on my post yesterday about the USPTO's groundbreaking Artificial Intelligence Search Automated Pilot (ASAP!) Program, the official Federal Register notice (published October 8, 2025) details this AI-powered pre-examination search initiative. This pilot aims to evaluate sharing automated search results with applicants before formal examination, helping identify prior art early and potentially improving patent quality and efficiency.

Importantly, while the program may streamline aspects of prosecution through early insights, it does not guarantee expedited examination like Track One Prioritized Examination.

Key Highlights from the Notice

  • Tests an internal AI tool to rank up to 10 relevant prior art documents in an Automated Search Results Notice (ASRN).
  • No response to the ASRN is required, but it may guide preliminary amendments, examination deferral, or express abandonment for fee refunds.
  • USPTO will analyze pilot data to gauge ASRN's impact on prosecution, scalability, and future AI tools.

Practical Takeaways for Companies and Patent Practitioners

Low Petition Fee

Just $450 for large entities ($180 for small entities)—a budget-friendly way to gain early prior art insights.

Eligibility Restrictions

Limited to new, original non-provisional utility patent applications (no continuations, CIPs, or national-stage entries).

Limited Availability

Petitions start October 20, 2025, and run until April 20, 2026, or until each Technology Center reaches 200 accepted applications (aiming for at least 1,600 total). Spots may fill fast.

Advantages vs. Risks

The program provides early validation and prior art visibility at low cost, potentially leading to more compact prosecution. Startups looking for quick and inexpensive validation of the innovativeness of their technology may benefit from this pilot program. On the flip side, companies must weigh this against drawbacks like potentially inaccurate AI results (e.g., "hallucinations" or biases) that waste time and lengthen the prosecution record addressing irrelevant prior art. There may also be uneven performance across tech areas where AI might excel, like computer-based inventions, but falter in other complex technologies, like biotechnology, pharmaceuticals or mechanical designs. For filings in some technology areas, carefully consider whether the potential inaccuracies outweigh the early insights provided.

With finite slots and some trade-offs, prepare thoughtfully for the upcoming October 20, 2025, deadline by assessing new utility applications for alignment with the pilot's benefits—especially for companies and technology areas where early feedback could boost value and inform IP strategy. What are your thoughts on this pilot?

Stay tuned for more updates—and for more AI-related practice tips and strategies.