The U.S. Patent and Trademark Office (USPTO) is launching the Automated Search Pilot Program, which is designed to evaluate how modernizing examination to include an automated pre-examination search may improve examination quality and efficiency.
The Automated Search Pilot Program will test the viability of an automated search conducted prior to examination of an original, noncontinuing, nonprovisional patent application. Conducting an automated search and sending an Automated Search Results Notice (ASRN) to the applicant will provide an earlier communication regarding potential prior art issues in their application. Under this pilot program, applicants are not required to respond to the ASRN.
However, in light of the ASRN, applicants may decide to take action prior to commencement of examination. For example, applicants may choose to file a preliminary amendment to place the application in better condition for examination, request deferral of examination, or, if examination is no longer desired, expressly abandon the application to obtain a refund of certain fees.
More details may be found in the 2025 Federal Register notice for the program.
To participate in this pilot program, the applicant must file a properly signed petition using Form PTO/SB/470 , titled “Certification and Petition Under 37 CFR 1.182 to Participate in the Automated Search Pilot Program.”
FAQs
Eligibility and limits
1. What applications are eligible for the pilot program?
Only original, noncontinuing, nonprovisional utility applications filed under 35 U.S.C. 111(a) on or after October 20, 2025, and on or before April 20, 2026, are eligible to participate in the pilot program. The petition must be filed electronically in Patent Center on the filing date of the application and be accompanied by the petition fee set forth in 37 CFR 1.17(f).
The following applications will not be included in the pilot program: applications filed prior to October 20, 2025, or after April 20, 2026; international applications that have entered the national stage under 35 U.S.C. 371; plant applications; design applications; reissue applications; and continuing (i.e., continuation, divisional, or continuation-in-part) applications.
The following applications will not be included in the pilot program: applications filed prior to October 20, 2025, or after April 20, 2026; international applications that have entered the national stage under 35 U.S.C. 371; plant applications; design applications; reissue applications; and continuing (i.e., continuation, divisional, or continuation-in-part) applications.
2. Are Track One applications eligible to participate in the pilot program? Will applying for the pilot program affect eligibility for Track One?
Track One applications are eligible to participate in the pilot program. Applying for or participating in the pilot program will affect neither an application’s eligibility nor status under Track One.
3. Are eligible applications guaranteed participation in the pilot program?
No. The USPTO is only accepting a limited number of applications in the pilot program. See FAQs #4-#6.
4. Are there limits as to how many applications may participate in this pilot program?
5. How many applications may be accepted from each Technology Center?
The USPTO plans to accept at least 1,600 patent applications distributed across the applicable Technology Centers (TCs) for this pilot program. The USPTO plans to accept at least 200 applications per TC that examines utility applications, but appreciates that participation levels across TCs may vary. Disparities in participation across TCs, such as when the number of applications accepted in some TCs significantly exceeds 200, may prompt early termination of the program. Therefore, filing a petition in an otherwise eligible application does not guarantee acceptance into the program.
6. How do I know if the pilot program is still accepting applications?
This webpage will be updated to indicate the total number of petitions to participate in the pilot program that have been received and the total number petitions granted, including a breakdown of the number of petitions granted per Technology Center.
The USPTO will also indicate the expected closure date of the program, after which no newly filed petitions will be accepted. The USPTO may extend the program to accept petitions to receive an ASRN in additional patent applications if it determines that more information is needed to evaluate the effectiveness of the program.
Application process
7. What form(s) do I need to file in order to be considered for participation in the pilot program?
To participate in this pilot program, applicant must file a properly signed petition using Form PTO/SB/470, titled “Certification and Petition Under 37 CFR 1.182 to Participate in the Automated Search Pilot Program.” The form must be filed electronically in Patent Center no later than April 20, 2026. The petition must be filed on the filing date of the application and accompanied by the petition fee set forth in 37 CFR 1.17(f). Form PTO/SB/470 contains the necessary petition and certifications that the pilot program eligibility conditions have been met. Use of the form will enable the USPTO to quickly identify and timely process the petition.
The applicant must also enroll in the Patent Center Electronic Office (e-Office) Action Program to participate in the Automated Search Pilot Program. For more information on how to enroll, visit the Patent Center e-Office Action program webpage.
The applicant must also enroll in the Patent Center Electronic Office (e-Office) Action Program to participate in the Automated Search Pilot Program. For more information on how to enroll, visit the Patent Center e-Office Action program webpage.
8. Am I required to use Form PTO/SB/470 in order to file a petition to participate in the pilot program?
Yes. To participate in this pilot program, applicant must file a properly signed petition using Form PTO/SB/470, titled “Certification and Petition Under 37 CFR 1.182 to Participate in the Automated Search Pilot Program” no later than April 20, 2026. The petition must be filed on the filing date of the application.
9. Does my application need to be filed in DOCX format to be eligible for the pilot program?
Yes. To be eligible for this program, the specification, claim(s), and abstract of the application must conform to USPTO requirements for DOCX submission at the time the application is filed.
10. Will I be notified if my application has been accepted into the pilot program?
If the petition is grantable, the USPTO will issue a decision granting the petition, indicating that the application has been accepted into the program and that an ASRN will be generated. The decision granting the petition will be separate from the ASRN. If the application does not meet the eligibility requirements for the program, the USPTO will issue a decision dismissing the petition that will notify the applicant that an ASRN will not be generated.
11. When will I be notified if my petition has been granted or dismissed?
The USPTO will not render a decision on the petition until the application has completed pre-examination processing.
Automated search results
12. How will the automated pre-examination search results be provided to applicants?
The USPTO will send an ASRN to the applicant and place a copy in the application file.
13. When will applicants receive the ASRN?
The ASRN will be generated after the application has undergone pre-examination processing and a petition to participate in the program has been granted, but prior to examination by a USPTO patent examiner.
14. What will the ASRN contain?
The ASRN will include a listing of up to 10 documents returned by the AI tool listed in descending order of relevance as determined by the AI tool. The ASRN will further include a search string that may be entered into the USPTO Patent Public Search (PPUBS) tool to easily retrieve copies of the cited U.S. Patents and PG-Pubs.
15. How will applicants access any foreign patent documents listed on the ASRN?
Copies of foreign patent documents are not currently available in PPUBS; however, tools for accessing a number of foreign patent documents are available on the USPTO Search for patents webpage.
Prosecution of an application included in the pilot
16. Will applicants be required to respond to the ASRN?
No. The ASRN is not considered a notification under 35 U.S.C. 132. The ASRN will not set a time period for reply, nor is there a requirement for applicants to respond to the ASRN. However, the results of the automated search may inform a decision by applicants to promptly file a response to the ASRN prior to examination, such as a preliminary amendment under 37 CFR 1.115, a petition for express abandonment under 37 CFR 1.138(d) to obtain a refund of the search fee and any excess claims fees, or a request for deferral of examination under 37 CFR 1.103(d).
17. How will patent examiners treat the ASRN?
The examiner will consider the documents listed on the ASRN “in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search.” See Manual of Patent Examining Procedure (MPEP) 609 (9th ed., Rev. 01.2024, Nov. 2024).
18. Will examiners consider ASRNs filed in the parent applications of continuing applications, or will the applicant need to submit an acceptable IDS in the continuing application to have the references considered?
When examining a continuing application, examiners will consider references from the parent application that were cited on a PTO-892, cited by the applicant on an Information Disclosure Statement in compliance with 37 CFR 1.97 and 1.98, or cited in a third-party submission in accordance with 37 CFR 1.290. See MPEP 609.02. References cited in an ASRN that were not cited on a PTO-892 or a compliant Information Disclosure Statement will not necessarily be considered in a continuing application. If the applicant wishes to have those references considered, applicant should submit a compliant Information Disclosure Statement in the continuing application.
19. Is the examiner required to list documents from the ASRN on the PTO-892 form?
No. There is no requirement for the examiner to list the documents from the ASRN on a PTO-892 form unless the document is relied upon in a prior art rejection.
20. Is applicant required to list documents from the ASRN on an Information Disclosure Statement?
No. There is no requirement for the applicant to provide a separate listing of the documents listed on the ASRN.
21. Will documents listed in the ASRN appear on the face of the patent?
The references listed on the ASRN will not appear on the face of the patent unless made of record by the examiner on a PTO-892 or cited by applicant on an Information Disclosure Statement in compliance with 37 CFR 1.97 and 1.98. See MPEP 707.05 and MPEP 1302.12.
22. If someone requests a certified copy of my published application or patent from the Certified Copy Center, will it include the ASRN?
It depends. The public may order certified copies of a patent, a patent application as filed, the entire file wrapper, or selected papers within the file wrapper. The ASRN will be included when someone orders a certified copy of the entire file wrapper or specifically requests a copy of the ASRN as a selected paper. It is important to note that once published, the contents of a patent application are publicly available, including notices from the USPTO that have been placed in the file such as an ASRN.
The artificial intelligence (AI) tool
23. How will the automated search results be generated?
The automated search will be conducted using an internal AI tool that derives contextual information from the classification of the application under the Cooperative Patent Classification (CPC) system, as well as the specification, including the claims and abstract, of the application. The AI tool will use the contextual information to find similar information in publicly available documents located in a number of databases available to the USPTO, including U.S. Patents, U.S. Pre-Grant Publications (PG-Pubs), and Foreign Image and Text (FIT). The FIT database includes publications from a number of foreign patent authorities. The returned documents are then ranked by the AI tool from most to least relevant.
24. How does the AI tool work?
The AI models supporting the automated search are trained using publicly available patent data, including the disclosure text, patent classifications, document citations, and human-rated similarity.
25. Is there a possibility of bias in the automated search results?
Potential model biases due to applicant, inventor, and assignee information are mitigated by excluding this information from the training data.
26. Is the AI tool used by the USPTO secure?
The USPTO has implemented measures for its AI search tools to ensure data security and maintain patent application confidentiality as required by 35 U.S.C. 122(a). See "New Artificial Intelligence Functionality in PE2E Search", 1504 OG 359 (Nov. 15, 2022).
Pilot program evaluation
27. How will the USPTO evaluate the pilot program?
The pilot program is designed as a proof of concept to test the viability of an automated search conducted prior to examination of a patent application. Accordingly, the USPTO will ascertain the impact of a pre-examination search on prosecution by applicants and evaluate the scalability of generating and mailing the ASRN. The USPTO will also acquire information to inform any next steps. For example, the USPTO may collect data as to the usefulness of the ASRN for applicants in assessing patentability early in the examination process. During or after the pilot program, the USPTO anticipates providing an avenue for participants to provide feedback regarding the pilot program. As applicable, the USPTO will follow the GAO’s Leading Practices for Effective Pilot Design, including: (1) establishing clear objectives, (2) collecting relevant data, (3) evaluating outcomes, (4) considering scalability, and (5) ensuring stakeholder communication.
Contact us
For questions about the Automated Search Pilot Program, please email AutomatedSearchPilot@uspto.gov or contact the Office of Patent Legal Administration at 571-272-7704.