Your Engineers Use AI. What Should Your Invention Records Capture?

Quick Answer: As part of an internal U.S. patent review process, documentation is recommended, especially for an AI-assisted invention during development, i.e., from problem identification to the creation of the invented technology. Connecting each person’s contribution to dated technical records is essential, which includes failed attempts and design revisions. The USPTO applies the same inventorship standard with or without AI assistance [1]. The following six illustrative stages of the inventive process can serve as a practical framework for guiding invention disclosure and intake procedures, without prescribing a fixed or exhaustive sequence. These stages are not intended to substitute for counsel’s independent inventorship analysis.