The United States Patent and Trademark Office (USPTO) has issued guidance for AI-assisted inventions, which is effective from February 13, 2024. The guidance provides instructions to USPTO personnel and stakeholders on determining the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems. It aims to strike a balance between awarding patent protection for AI-assisted inventions and not unnecessarily locking up innovation for future developments.

The guidance makes it clear that AI-assisted inventions are not categorically unpatentable and that patent protection may be sought for inventions in which a human provided a significant contribution. The USPTO will host a webinar on March 5, 2024, to provide an overview of the guidance and answer stakeholder questions relating to the guidance.

Inventorship Guidance for AI-Assisted Inventions