Monday, June 29, 2026

INTA report on AI and likely confusion analysis

 INTA's press release is here. INTA was kind enough to invite me to the launch as press. I'm still digesting overall but the most interesting comment was about consistency: One panelist suggested that AI's effect on this "hobgoblin of small minds" (my reference, not theirs) could be more about public perception than actual outcomes. Right now lots of people complain about trademark office inconsistency, at least when they get an adverse decision. Because there's no truly objective metric for what's right, or even what's consistent, the well-known biasing effects of having a machine involved could absorb criticism or even refute it. (Accepting blame as a service?) Another possibility the panelist raised was that AI/machine learning in the USPTO could actually ignore nonprecedential opinions, as humans don't. 

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