USPTO Sets To Clarify Attorney Guidelines In The Age Of Generative AI – New Technology – United States
As lawyers increasingly turn to generative AI for legal research, concerns arise about the blind acceptance of AI-generated content. This issue was underscored by a recent incident involving a New York attorney citing a non-existent case generated by AI in a brief submitted to the Second Circuit. The U.S. Patent and Trademark Office (USPTO) has taken note of these developments, with Director Kathi Vidal releasing a memorandum addressing the proper and improper use of AI in legal settings. While recognizing the potential benefits of AI in increasing accessibility and reducing costs, the USPTO emphasizes the need for thorough verification and a commitment to maintaining the integrity of proceedings. The forthcoming guidance from the USPTO is highly anticipated, with expectations of clearer rules on the use of AI in legal practice. Despite the promise of innovation that generative AI offers, lawyers are advised to tread cautiously and not rely solely on AI-generated content without proper scrutiny. The balance between leveraging AI’s capabilities and upholding legal standards is central to the ongoing discussion within the legal community.