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ARTICLE · 15 MARCH 2024

USPTO Issues Inventorship Guidance For AI-Assisted Inventions

Bookoff McAndrews
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Proper inventorship for a U.S. patent application or patent directed to an invention assisted by artificial intelligence requires a significant contribution by at least one human to each claim of the application or patent.

United StatesIntellectual Property
Lauren Sherwood
Lauren Sherwood

TAKEAWAY: Proper inventorship for a U.S. patent application or patent directed to an invention assisted by artificial intelligence (AI) requires a significant contribution by at least one human to each claim of the application or patent.

On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) published Inventorship Guidance for AI-assisted Inventions ("Guidance") responsive to the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence ("Order") issued by President Biden on October 30, 2023. Recognizing the importance and power of artificial intelligence (AI) in innovation, along with the potential for irresponsible use, the Order, in part, tasked the USPTO to address inventorship and the use of AI in the inventive process.

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