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Theia Institute Think Tank Contributes to the US Patent and Trademark Office’s AI Policy Work

K. Williams
Sep 13
2 min read

At Theia Institute, policy only matters if it moves the world forward. Over the past few years, we contributed public input to the U.S. Patent and Trademark Office (USPTO) as it shaped key pieces of the nation’s AI policy landscape—ensuring that inventors, practitioners, and the public are served by guidance that is practical, accountable, and human-centered.

The USPTO has released several foundational AI policy resources:

Inventorship Guidance for AI-Assisted Inventions (effective Feb 13, 2024), which clarifies that AI-assisted inventions are not categorically unpatentable and explains how to assess the human inventor’s “significant contribution.”
Guidance on Use of AI-Based Tools in Practice Before the USPTO (issued Apr 11, 2024), outlining responsibilities and risk mitigations for parties and practitioners who use AI tools.
USPTO Artificial Intelligence Strategy (announced Jan 14, 2025), a framework to advance responsible AI across five focus areas, including policy development.

USPTO AI Policy: Theia Contribution

Through formal public comments and stakeholder engagement, we shared recommendations that emphasize:

Human accountability: Keep decision rights with identifiable humans; treat autonomy as a dial set by risk appetite and policy.
Transparent controls: Use role-based access control (RBAC), audit trails, and safe fallbacks when AI systems aid in drafting, searching, or decision support.
Bias and equity safeguards: Evaluate datasets, testing protocols, and escalation thresholds to reduce disparate impact in AI-assisted innovation and practice.
Operational clarity for counsel: Provide examples and checklists so in-house and outside counsel can operationalize the rules without slowing legitimate innovation.

Why this matters

For innovators: Clear inventorship rules reduce uncertainty when AI tools assist R&D—while keeping recognition with human inventors. USPTO
For practitioners: Practical guardrails for AI tool use protect clients, confidentiality, and the integrity of submissions. https://www.uspto.gov/about-us/news-updates/uspto-issues-guidance-concerning-use-ai-tools-parties-and-practitioners?utm_source=chatgpt.com
For the ecosystem: A public strategy helps align agencies, creators, and companies on responsible AI practices. https://www.uspto.gov/about-us/news-updates/uspto-announces-new-artificial-intelligence-strategy-empower-responsible?utm_source=chatgpt.com

Read the .gov sources

Theia Institute Public Comment: https://downloads.regulations.gov/COLC-2023-0006-7568/attachment_1.pdf
USPTO AI Strategy (overview): uspto.gov/about-us/news-updates/uspto-announces-new-artificial-intelligence-strategy-empower-responsible
Inventorship Guidance for AI-Assisted Inventions (summary + memo): uspto.gov/subscription-center/2024/uspto-issues-inventorship-guidance-and-examples-ai-assisted-inventions; PDF memo: uspto.gov/sites/default/files/documents/ai-inventorship-memo.pdf
Guidance on Use of AI-Based Tools in Practice Before the USPTO: uspto.gov/about-us/news-updates/uspto-issues-guidance-concerning-use-ai-tools-parties-and-practitioners