"According to a USPTO press release, the new guidance 'underscores longstanding precedent that the same legal standard for determining inventorship applies to all inventions, regardless of whether AI systems were used in the inventive process.' The U.S. Patent and Trademark Office (USPTO) today rescinded its AI Inventorship guidance issued in February 2024 under the previous USPTO administration and published new guidance emphasizing that the Pannu factors for joint inventorship do not apply in the context of an AI invention involving a single inventor."
"in determining inventorship in the context of AI-assisted inventions. Under the Pannu test, an inventor must have: "(1) contributed in some significant manner to the conception of the invention; (2) made a contribution to the claimed invention that is not insignificant in quality, when that contribution is measured against the dimension of the full invention; and (3) [done] more than merely explain to the real inventors well-known concepts and/or the current state of the art.""
USPTO rescinded its February 2024 AI Inventorship guidance and issued new guidance clarifying inventorship rules for AI-related inventions. The new guidance emphasizes that the Pannu factors, normally applied for joint inventorship, do not apply to an AI-created invention involving a single inventor. The Pannu three-part test requires a contributor to have significantly contributed to conception, provided a non-insignificant contribution measured against the full invention, and done more than explain well-known concepts or the state of the art. Prior guidance required that each claim be invented by at least one named natural person and that a single user of an AI make a significant contribution to be a proper inventor.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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