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ARTICLE · 01 MARCH 2024

AI-assisted Inventions: USPTO's Most Recent Guidance For Determining Inventorship

Smart & Biggar
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AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law.

CanadaIntellectual Property
Brigide Mattar
Brigide Mattar
Audrey Berteau
Audrey Berteau
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AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention?

As AI systems increasingly contribute to inventive processes, questions arise regarding the attribution of inventorship and the adequacy of existing legal frameworks to accommodate these technological advancements. Different jurisdictions are proposing and adopting varying approaches as they grapple with these questions. It is not unlikely that things will continue to evolve over the next several years.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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