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ARTICLE · 01 JUNE 2020

Reboot Required: Artificial Intelligence System Cannot Be Named As An Inventor Under U.S. Patent Law, USPTO Says

Jones Day
Jones Day
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AI systems are increasingly capable of creating works and inventions without the aid of a human inventor. In July 2019, the Surrey team garnered worldwide attention when it filed two patent applications...

United StatesIntellectual Property
Emily J. Tait
Emily J. Tait
Matthew Johnson
Matthew Johnson
Carl Kukkonen III
Carl Kukkonen III
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In Short

The Situation: Artificial intelligence ("AI") is being used to develop new inventions without human aid. As AI capabilities increase, patent offices around the globe are being confronted with difficult questions about whether to grant intellectual property ("IP") protections to AI-generated innovations. In July 2019, a team from the University of Surrey ("the Surrey team") filed two applications at the United States Patent and Trademark Office ("USPTO" or "the Office") seeking patent protection for inventions autonomously developed by an AI system. The applications named the AI system as the inventor.

The Result: The USPTO has determined "the plain language of the patent laws as passed by the Congress and as interpreted by the courts" limits patent applications to only naming natural persons as inventors.

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