Patent Office Issues New Guidance On Inventing With AI

The rapid development and increased accessibility of artificial intelligence (AI) have led inventors to use and push the boundaries of the technology. AI can digest big data, draft natural language, and assist inventors in numerous and yet unimagined ways. AI has been applied in many industries and is envisioned by some to one day be an inventor.

As AI systems, including generative AI, play a greater role in the innovation process, it raises questions about whether our patent system is prepared to handle inventions that have been created with the use of AI. Can our patent system credit inventors who use AI, and can inventorship be shared with an AI tool? Can AI be a named inventor on a patent? Can the person using AI obtain patent protection? The U.S. Patent and Trademark Office (USPTO) recently released Inventorship Guidance for AI-Assisted Inventions that presents an initial stance on these issues.