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AI Not an Inventor, But a Tool, USPTO Rules
28 Nov
Summary
- Generative AI cannot be named as an inventor under US patent law.
- USPTO views AI as a tool, similar to software or lab equipment.
- Traditional joint inventorship principles still apply with AI assistance.
The US Patent and Trademark Office (USPTO) has issued updated guidelines regarding the use of generative AI in the innovation process. According to USPTO Director John Squires, AI systems, including generative AI, are viewed as instruments employed by human inventors. These systems are comparable to other tools such as research databases or laboratory equipment, which aid in the conception and development of inventions.
Despite AI's capability to generate ideas and provide services, the USPTO maintains that only natural persons can be recognized as inventors. This stance aligns with previous rulings by the Court of Appeals for the Federal Circuit, which established that AI cannot be named on patent applications or issued patents. The new guidelines do not alter this fundamental principle.
Furthermore, the USPTO has confirmed that no distinct evaluation process exists for AI-assisted inventions. When multiple individuals contribute to an invention with AI's help, standard joint inventorship principles will continue to be applied. This clarification aims to provide greater certainty for patenting innovations developed with the assistance of advanced AI technologies.
