U.S. Patent Office Must Evolve to Sustain AI Leadership Amid Rising Innovation and Complexity
Generative AI is transforming the way inventors create, enabling faster, smarter, and more ambitious innovation than ever before. At Google, 17% of our inventions in the past year were developed with the help of AI, and we remain at the forefront of patented generative AI advancements—including foundational innovations that helped shape the field. For the United States to sustain its global leadership in AI, the nation’s patent system must evolve alongside the technology. The U.S. Patent and Trademark Office (USPTO) is central to this effort, but its role has become increasingly complex. A surge in patent filings, the growing sophistication of AI technologies, and the overwhelming volume of technical information make it harder than ever to accurately assess whether an invention meets the legal standards for a patent—while also preventing the issuance of invalid patents that could hinder progress. As John Squires begins his tenure as Director of the USPTO, the U.S. has a critical opportunity to strengthen its innovation ecosystem and reinforce American leadership in AI. To achieve this, the USPTO should prioritize actions that ensure valid patents are granted and invalid ones are efficiently challenged. Here are four key steps: First, provide the USPTO with the resources it needs. The agency currently depends on patent application fees that are not fully collected until years after a patent is granted—often not at all. This creates a funding gap that undermines the quality and speed of reviews. We support Commerce Secretary Lutnick’s call for fees that reflect actual review costs. One effective approach is to require large-scale filers—such as major tech companies—to pay higher upfront fees, with those funds permanently retained by the USPTO to support its mission. Second, expand the use of AI to assist patent examiners. AI can significantly enhance the efficiency and accuracy of patent reviews. The USPTO is already using AI to route applications to the most qualified examiners and to identify prior art that may invalidate a claim—an initiative Google has supported through a partnership with Accenture Federal Services. The agency should further scale these tools to help examiners manage their workloads, detect patterns of abusive filings, and improve decision-making. Third, clarify that AI is a tool, not an inventor. When humans use AI to develop new inventions, the patent should belong to the human inventor. This principle aligns with existing U.S. patent law and reflects how AI is used across industries—from drug discovery to engineering. The USPTO should reaffirm this position to encourage innovation while maintaining legal clarity. Fourth, restore access to Inter Partes Review (IPR). As patent applications grow in volume and complexity, errors in examination are inevitable. IPR provides a faster, more efficient way to challenge weak or invalid patents through expert review, avoiding costly and time-consuming litigation. This process has proven essential in maintaining patent quality, especially in fast-moving fields like AI. Restoring full access to IPR will help prevent low-quality patents from blocking innovation. We look forward to working with Director Squires to advance these reforms, ensuring the USPTO continues to support American ingenuity and helps unlock the full potential of AI for the benefit of the nation and the world.
