Read at IPWatchdog.com | Patents & Intellectual Property Law
The USPTO has released guidance on determining inventorship of AI-assisted inventions, stating that while AI-assisted inventions can be patented, the analysis should focus on human contributions. The guidance comes in response to an earlier call for comments on AI inventorship and expands on a previous decision in which an application was denied due to failure to identify the human inventor by name.
"while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity."
The guidance clarifies that for a single person using an AI system to be considered a proper inventor, they must make a significant contribution to the invention. This aligns with the Pannu factors, which determine inventorship. The USPTO's decision to issue this guidance is based on feedback gathered in response to a call for comments on AI inventorship earlier this year.
"It follows that a single person who uses an AI system to create an invention is also required to make a significant contribution to the invention, according to the Pannu factors, to be considered a proper inventor."