How the USPTO Uses AI to Search Prior Art
In October of 2025, the USPTO launched an initiative to use AI to search for prior art in utility patent applications. Known as ASAP!, this program was designed to evaluate how a prior art search conducted by AI might improve efficiency before a utility patent application is reviewed by an examiner. For a limited time, this AI-assisted prior art search is now free.
Need to get a utility patent? Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore working with us.
Pros and Cons of a Patentability Search Before Filing
In some situations, it might make sense to do a patentability search before filing a utility patent application. The simpler an invention, the more potential value a novelty search can provide.
Perhaps one of the more significant benefits of a patentability search is answering the question of how much to invest in the utility patent process. For example, a novelty search might help you determine that you could be spending up to $20,000 to obtain a utility patent with narrow claims.
The Timing of USPTO AI-assisted Prior Art Search
The ASAP! search conducted by the USPTO would occur prior to examination of your utility patent application. In other words, the USPTO would use AI to search for relevant prior art references and send you a report, all before the examiner begins reviewing your patent application.
This gives the utility patent applicant an opportunity to amend claims prior to examination.
Why File a Preliminary Amendment Before Examination?
Over 86% of utility patent applications will receive at least one Office Action. With those odds, you can almost count on your utility patent application getting rejected.
The benefit of amending your claims prior to examination is that your claims will hopefully be in a better condition before the examiner starts reviewing them. You might still get an Office Action, but the probability of getting some allowable claims would be increased.
Free USPTO Prior Art Search
Starting on March 23, 2026, the USPTO will waive the petition fee for its AI-assisted prior art search program. Keep in mind there caps to the number of ASAP! requests. As of the date of this post, the USPTO will accept at least 3,200 requests.
The pilot program will last until April 20, 2026 or the date that each USPTO Technology Center has docketed at least 400 patent applications accepted into the program.
Additional Costs Created by a Pre-Examination Prior Art Search
Though the USPTO pre-examination search may be free, any claim amendments most likely will not be done free of charge by your patent attorney.
Feel free to reach out to US patent attorney Vic Lin at vlin@icaplaw.com to explore flat rate costs for filing your patent application.
