Artificial Intelligence: The US Patent Office Takes a Stand on AI-Assisted Inventions

As the courts begin to wrestle with the question of how intellectual property rights related to artificial intelligence should be managed, the USPTO has issued its position on AI-assisted invention stating that there must be significant human contribution to the invention for it to be patentable.

AI inventions require significant human contribution to be patentable says USPTO

The Office published this position in the federal register making its stance effective as of February 13, 2024. https://www.federalregister.gov/documents/2024/02/13/2024-02623/inventorship-guidance-for-ai-assisted-inventions The Office has also issued examples to help guide its examiners when considering whether the human contribution to an AI invention is significant, which I will tackle in a later post.

Explaining the Office's position, Commissioner for patents, Kathy Vidal, reinforced that the patent system incentivizes and protects --human ingenuity and the investments needed to translate that ingenuity into marketable products and solutions. At the same time, the statement identified the polarizing aspect of AI. On one hand, the Office understands the potential for AI to help solve urgent challenges, increase productivity, facilitate innovation, and provide security. It also brings the equal potential to exacerbate societal harms such as fraud, discrimination, bias, and disinformation; displace and disempower workers; stifle competition; and pose risks to national security. As an IP lawyer I have seen equal measures of both. I have worked with technology clients that are developing useful applications of AI, but at the same time represent creatives that have had their works usurped and regurgitated by AI to displace them in a trending market space.

Whether we will protect AI-assisted innovations and the follow up questions of inventorship and ownership are just the tip of the iceberg for AI-related IP issues. As always, IP law must be nimble and adapt to the ever evolving technology that we create.