The US Patent and Trademark Office recently released new guidance regarding artificial intelligence’s role in the invention process. This guidance clarified that while AI tools can be used by human inventors, the actual conception of the invention must be attributed to a human in order to be patented. This aligns with previous decisions rejecting patent applications that named AI systems as the sole inventor.
Moving forward, patent applicants are advised to carefully review and update their research and development documentation protocols. Thorough and consistent documentation throughout the R&D process will be crucial in demonstrating the significant contribution of human inventors to AI-assisted inventions. The guidance includes five principles to help determine the patentability of AI-generated inventions, which will be applied to both pending and new applications.
Businesses involved in R&D for patenting inventions should pay close attention to the new record-keeping requirements when AI is utilized in the research process. The USPTO is also open for public comments until May 13 to further refine this guidance, indicating ongoing developments in this space. As such, patent applicants and owners should remain vigilant in adhering to these new principles to ensure successful patent applications and protect their intellectual property rights.
