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ARTICLE · 22 JULY 2024

Can You Patent Inventions Using A.I.?

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The United States Patent and Trademark Office (USPTO) has issued new guidance for inventions assisted by artificial intelligence (AI). While AI-assisted inventions are not categorically unpatentable...

United StatesIntellectual Property
Silvino E. Diaz
Silvino E. Diaz

The United States Patent and Trademark Office (USPTO) has issued new guidance for inventions assisted by artificial intelligence (AI). While AI-assisted inventions are not categorically unpatentable, the analysis for patentability focuses on the extent of human contributions. Patent protection is possible when a natural person has made a significant contribution to the invention. Each claim in a patent application must have at least one natural person significantly contributing to it; otherwise, inventorship is considered improper.

Overview of USPTO Guidance

On February 13, 2024, the USPTO issued guidance for AI-assisted inventions, detailed in 89 FR 10043. This guidance emphasizes the importance of human contributions in the inventorship analysis, applying to utility, plant, and design patents and applications. The key takeaway is that natural persons who significantly contributed to the invention must be named as inventors or joint inventors.

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