USPTO Expands & Waives Fees for AI‑Powered Early Patent Search Insights Pilot Program

The U.S. Patent and Trademark Office (USPTO) is making it easier for participants to join the Artificial Intelligence Search Automated Pilot Program (ASAP!), an initiative aimed at assessing whether incorporating an automated pre examination search into the examination process can enhance both quality and efficiency.

Recently, the USPTO announced it is waiving the petition fee for ASAP! participants to alleviate any financial barriers. In addition, the USPTO now will be taking at least 3,200 patent applications. That is double the amount originally announced.

Through ASAP!, the USPTO will evaluate the effectiveness of conducting an automated search before examination begins for original, noncontinuing, nonprovisional patent applications.

Applicants will receive an Automated Search Results Notice, offering early insight into potential prior art concerns. Participation in the pilot does not require applicants to respond to the Notice. Nevertheless, receipt of the Notice may prompt applicants to take proactive steps before examination starts. For example, an applicant may file a preliminary amendment to improve the application’s readiness for examination, request a deferral of examination, or choose to abandon the application—if examination is no longer desired—to receive a refund of certain fees.

ASAP! began accepting petitions last October, and will remain open until April 20, 2026, or until each Technology Center responsible for examining utility applications has docketed at least 400 applications admitted into the program, whichever occurs first.

There appears to be little downside from participating in ASAP!, especially now that the petition fee has been waived for this initial group. Having timely access to what the USPTO locates in a preliminary patentability search can be quite beneficial to get an early preview of the prior art the USPTO may consider important and may increase Applicant’s confidence in moving forward with examination. The limited risk appears to be the quality of the preliminary searches themselves by the USPTO, but this is the purpose of the program—namely to evaluate quality. If entities conduct their own separate prior art searching prior to filings and requests for examination, then these USPTO results from ASAP! should be evaluated for both redundancy and prior art not previously located.

If you have any questions about the issues raised in this alert, please contact Jeffrey Whittle and Sam Savanich or the Womble Bond Dickinson attorney with whom you normally work.