The United States Patent and Trademark Office (USPTO) has provided guidance on inventorship for AI-assisted inventions. The guidance clarifies that although AI systems can contribute to the creative process, only natural persons who make significant contributions to the conception of an invention can be named as inventors. The use of AI models to generate patent ideas without substantial human input is not allowed. This position aligns with existing statutes, court decisions, and policy considerations, including the Executive Order on AI issued by President Biden. The USPTO also emphasizes that significant human input is required for an invention to be patentable, regardless of AI assistance. The guidance does not explicitly mention the requirement to disclose the use of AI during the patent application process. The USPTO is seeking public comments on the guidelines and related AI inventorship issues.
| Signal | Change | 10y horizon | Driving force |
|---|---|---|---|
| USPTO publishes guidance on AI-assisted inventions | Clarifying human inventorship, requiring significant contribution | The definition of inventorship may evolve; more guidelines for AI inventions | Need to maintain human control and recognition in innovation |
| USPTO guidance supported by statutes, court decisions, and policy considerations | Aligning with existing legal framework and Executive Order on AI | Legal framework and policies may expand to accommodate AI inventions | Ensuring adherence to existing legal principles and policy goals |
| AI models cannot be named as inventors or joint inventors on patents | Recognizing the role of human creativity and input | Continued recognition of human creativity and intellectual contribution | Protecting human inventors and ensuring proper attribution |
| Significant human input required for invention to be patentable | Emphasizing human contribution in patentable inventions | Maintaining emphasis on human contribution in patent system | Upholding the value of human innovation and creativity |
| Use of AI assistance does not disqualify a human from holding a patent | Recognizing the collaborative nature of AI-assisted inventions | Continued acceptance of AI-assisted inventions in the patent system | Encouraging innovation while respecting the role of AI |
| AI contributions are akin to contributions made by other tools | Treating AI as a tool in the invention process | Increasing recognition of AI as a valuable tool in innovation | Equating AI to other assistive technologies in invention |
| USPTO seeks public comment on guidelines and AI inventorship | Engaging public input on AI inventorship issues | Public discourse and input may shape future guidelines and policies | Incorporating diverse perspectives and considerations in AI inventorship |