US Patent and Trademark Office Restricts Use of Generative AI
The US Patent and Trademark Office banned the use of generative artificial intelligence for any purpose last year, citing security concerns with the technology as well as the propensity of some tools to exhibit “bias, unpredictability, and malicious behavior,” according to an April 2023 internal guidance memo obtained by WIRED through a public records request.
Internal Testing Environment
Jamie Holcombe, the chief information officer of the USPTO, wrote that the office is “committed to pursuing innovation within our agency” but are still “working to bring these capabilities to the office in a responsible way.”
Paul Fucito, press secretary for the USPTO, clarified to WIRED that employees can use “state-of-the-art generative AI models” at work—but only inside the agency’s internal testing environment. “Innovators from across the USPTO are now using the AI Lab to better understand generative AI’s capabilities and limitations and to prototype AI-powered solutions to critical business needs,” Fucito wrote in an email.
Approved AI Programs
Outside of the testing environment, USPTO staff are barred from relying on AI programs like OpenAI’s ChatGPT or Anthropic’s Claude for work tasks. The guidance memo from last year also prohibits the use of any outputs from the tools, including images and videos generated by AI. But Patent Office employees can use some approved AI programs, such as those within the agency’s own public database for looking up registered patents and patent applications.
USPTO’s Role in the Government
The US Patent and Trademark Office, an agency within the Department of Commerce, is in charge of protecting inventors, awarding patents, and registering trademarks. It also “advises the president of the United States, the secretary of commerce, and US government agencies on intellectual property (IP) policy, protection, and enforcement,” according to the USPTO’s website.
Government Bureaucracy
At a Google-sponsored event in 2023, Holcombe, the author of the guidance memo, said government bureaucracy makes it difficult for the public sector to use new technologies. “Everything we do in the government is pretty stupid, when you compare it to the commercial world, right?” he said. Holcombe specifically cited cumbersome budgeting, procurement, and compliance processes, arguing that they hamper the government’s ability to rapidly adopt innovations like artificial intelligence.
Other Government Agencies
The USPTO is not the only government agency to ban staff from using generative AI, at least for some purposes. Earlier this year, the National Archives and Records Administration prohibited the use of ChatGPT on government-issued laptops, according to 404 Media. But soon afterward, the National Archives hosted an internal presentation that encouraged employees to “think of [Google’s] Gemini as a co-worker.” During the meeting, some archivists reportedly expressed concerns about the accuracy of generative AI. Next month, the National Archives is planning to release a new public chatbot for accessing archival records developed with technology from Google.
Other US government agencies are using—or avoiding—generative AI in different ways. The National Aeronautics and Space Administration, for example, specifically banned the use of AI chatbots for sensitive data. NASA did decide, however, to experiment with the technology for writing code and summarizing research. The agency also announced last week that it’s working with Microsoft on an AI chatbot that can aggregate satellite data to make it easily searchable. That tool is available only to NASA scientists and researchers, but the goal is to “democratize access to spaceborne data.”
Conclusion
The US Patent and Trademark Office has restricted the use of generative AI due to security concerns and the potential for bias and malicious behavior. While the agency is committed to innovation, it is working to bring these capabilities to the office in a responsible way. Other government agencies are also exploring the use of generative AI, but with varying degrees of success and caution.
FAQs
Q: Why did the US Patent and Trademark Office ban the use of generative AI?
A: The agency banned the use of generative AI due to security concerns and the potential for bias and malicious behavior.
Q: Can USPTO employees use generative AI at all?
A: Yes, but only in the agency’s internal testing environment. Employees can use “state-of-the-art generative AI models” for innovation and prototyping.
Q: Are other government agencies using generative AI?
A: Yes, but with varying degrees of success and caution. Some agencies are experimenting with the technology, while others have banned its use for certain purposes.
Q: What is the USPTO’s role in the government?
A: The US Patent and Trademark Office is an agency within the Department of Commerce that is responsible for protecting inventors, awarding patents, and registering trademarks, as well as advising on intellectual property policy and enforcement.
