Imagine That IP Law Blog

Prior art searching is an important, but very time-consuming, part of the patent process. An applicant may optionally choose to run its own prior art search prior to filing an application. However, the United States Patent and Trademark Office (USPTO) will conduct its search later, during substantive examination. The result is that truly relevant art may surfaces only months or years have passed, when claim scope is already in motion and prosecution strategy is underway.

To help address this timing gap, the USPTO launched the Artificial Intelligence Search Automated Pilot Program, commonly referred to as ASAP!. In short, ASAP! allows certain applicants to request an automated, AI-assisted prior art search before substantive examination begins, and to receive the USPTO’s AI-generated search results early in the lifecycle of the application.

What is ASAP! and what do you receive?
If your application is accepted into the ASAP! pilot, the USPTO will conduct an automated search using an internal AI system that draws context from the application’s cooperative patent classification (CPC) and the specification, claims, and abstract.

The USPTO then issues an Automated Search Results Notice (ASRN). The ASRN lists up to 10 references identified and ranked by the system. Importantly, the ASRN is not an Office Action and does not require a response - it is intended as an early informational notice.

Why would someone want to use ASAP!?
ASAP! is best thought of as an early-warning system. Even sophisticated applicants can benefit from learning, early, what the USPTO’s search tools see as the closest art.

     Common reasons an applicant may consider the pilot include:

• De-risking prosecution early: If the ASRN identifies a close reference, you may decide to adjust course sooner rather than later.
• Proactive claim strategy: With earlier insight, an applicant may choose to file a preliminary amendment to refine claims before examination gets underway.
• Resource allocation decisions: If the early art looks challenging, ASAP! may support a business decision about whether to proceed, pivot, or stop, before investing more time and cost.
• Portfolio consistency: For companies filing frequently, a standardized early-search checkpoint may help align internal review, inventor expectations, and outside counsel strategy.

The USPTO has also noted that the pilot is intended to help evaluate whether sharing automated search results early can improve overall quality and efficiency.

Key requirements (who is eligible?)
ASAP! is not available for every application. The USPTO’s published eligibility requirements for ASAP! include:

• The application must be an original, noncontinuing, nonprovisional utility application filed under 35 U.S.C. 111(a) (i.e., not a continuation/divisional/CIP and not a design/plant/reissue, etc.).
• The application must be filed on/after October 20, 2025, and a petition requesting participation in the ASAP! Pilot  must be submitted no later than April 20, 2026 (unless the pilot closes earlier due to capacity).
• The applicant must file an ASAP! petition using Form PTO/SB/470 electronically in Patent Center on the same day as the application filing.
• The application’s specification, claims, and abstract must be submitted in DOCX at filing.
• The applicant must be enrolled in the Patent Center e-Office Action program.

What does it cost?
Initially, a processing fee under 37 C.F.R. § 1.17(f) was required, However, the USPTO is waiving the petition fee for a petition to participate in the program that is filed on or after March 23, 2026.  

How long is the program running?
The USPTO began accepting petitions October 20, 2025. The pilot is scheduled to accept petitions until April 20, 2026, or earlier if capacity is reached. The USPTO has increased the number of applications that will be accepted into the program to 3,200 patent applications distributed across Technology Centers (TCs), including at least 400 applications per TC that examines utility applications.

How AI is changing prior art searches (and prosecution)
ASAP! is part of a broader shift. AI-assisted searching increasingly complements traditional keyword and classification searching. AI tools can be strong at identifying conceptually similar disclosures even when terminology differs (for example, where an invention is described using different jargon across industries).

     For prosecution, that shift tends to move effort earlier:

• earlier identification of likely hurdles,
• earlier claim refinement,
• and potentially fewer late-stage surprises.

At the same time, AI outputs still require human review—both because relevance is context-dependent and because any meaningful strategy decision depends on what the reference actually teaches, not just how it was ranked.

A practical way to think about ASAP!
If you are filing a qualifying utility application during the pilot window, ASAP! can be a low-cost way (currently no petition fee) to get an early snapshot of what the USPTO’s automated tools may view as the closest prior art—before you are deep into examination.