Uspto rules AI cannot be listed as inventor

In the rapidly advancing world of technology, artificial intelligence (AI) continues to push the boundaries of innovation. AI tools, such as ai text generators and AI images generators, have been making headlines for their capabilities, sparking considerable discussion in various sectors, including intellectual property law. A recent pivotal determination from the United States Patent and Trademark Office (USPTO) clarified the role of AI in patent inventorship—a subject of debate in legal and tech communities.

In a significant decision, the USPTO mandated that AI cannot legally be credited as an inventor on patent filings. This decision aligns with the understanding that the term “inventor” pertains solely to natural persons—humans—according to current statutory definitions. The USPTO’s stance was bolstered by a series of legal precedents that highlighted the parameters of inventorship under federal law.

While AI’s role in the creative process is undeniable, the USPTO stipulates that a natural person utilizing AI must contribute substantially to the creation for it to merit a patent application. This contribution is key in determining inventorship for AI-assisted products or processes. The USPTO aims to ensure that the focus remains on human ingenuity in the inventive process, while not dismissing the involvement of AI in that process.

Issuing guidance was a direct consequence of a mandate titled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” introduced by President Joe Biden on October 30, 2023. The executive order called for clarification of policies related to AI and inventorship, intending to promote innovation and address emergent issues in the AI domain.

The guidance, spanning five sections, delves into various aspects of inventorship and AI’s involvement. It includes a thorough exploration of inventorship, particularly in the wake of Thaler v. Vidal—a landmark court ruling that reinforced the idea that only natural persons could be credited as inventors. Further, it clarifies the legality of AI-assisted inventions and offers direction for evaluating such inventions in regard to inventorship.

The guidance also states that while AI may play an instrumental role in the derivation of an invention, it cannot be named as an inventor. Instead, laws such as 35 U.S.C. §§ 115(a) and 116(a) require that the inventors—the human beings behind the creative process—be listed and submit an oath or declaration affirming their original contributions to the patented material.

In recent years, the USPTO has actively sought public input on AI and patenting, a move that reflects the organization’s intent to stay abreast of the latest ai news & ai tools. The first Artificial Intelligence/Emerging Technologies Partnership meeting in June 2022 was a stage for expert discussions on the topic of AI and inventorship, indicating the significance of AI in patent dialogue.

As the nexus between AI and patent law continues to be examined, the USPTO’s guidance emerges as a crucial reference for those navigating the complexities of AI’s role in modern invention. The guidance not only illuminates the agency’s perspective on AI-assisted inventions but also lays the groundwork for fair attribution and recognition in patent filings.

AI’s incredible capacity to aid in the development of new and innovative products is unquestionable. From artificial intelligence generated images to AI video generator tools, AI has the potential to revolutionize industries. However, the latest guidance from the USPTO underlines the importance of human intellect at the core of patentable innovation, preserving incentives for human ingenuity and creativity.

This evolving discussion around AI’s role in patents highlights a broader conversation about the place of AI in society and its influence on creative and intellectual processes. As AI continues to advance and integrate into more aspects of life and business, the policies and guidelines set forth by institutions like the USPTO will shape the future of innovation, ensuring that human contributions are recognized and that intellectual property rights are appropriately attributed.