‘Human contributions’ take center stage in inventorship analysis during the AI era, according to the patent office | FedScoop Skip to main content
While the USPTO acknowledges that “AI-assisted inventions are not categorically unpatentable,” its latest guidance underscores the need to highlight human input in the innovation process.
The significance of underscoring “human accomplishments” in technological advancements is reiterated in the recent guidelines released by the U.S. Patent and Trademark Office, outlining the criteria for assessing inventorship in the era of artificial intelligence.
The newly issued investigation guidelines, available for public scrutiny in the Federal Register since Monday, aim to provide clarity to agency personnel and stakeholders on how inventorship will be evaluated “as artificial intelligence systems, including conceptual AI, become increasingly involved in the creative process.”
In its Federal Register announcement, the USPTO emphasized that while AI-driven inventions are not inherently ineligible for patents, the inventorship assessment should primarily focus on human contributions, as patents are designed to stimulate and recognize human creativity.
The surge in AI adoption has sparked discussions on how this technology, known for accelerating progress, will be managed in terms of intellectual property rights. Despite current patent laws mandating individual inventors, scholars have suggested strategies to facilitate the patenting of AI inventions.
The USPTO recognizes that determining individual contributions to an invention “may pose challenges, without a clear-cut criterion,” but it offers key principles to guide this assessment. The guidance clarifies that merely presenting a problem to an AI system does not automatically qualify an individual as an inventor or co-inventor, although utilizing AI in the inventive process does not disqualify them either.
Further elaborating on the role of AI in the innovation process, including disclosures and inventor identification, the agency invites feedback on the guidance over the next three weeks.
Prior to issuing the guidance, the USPTO solicited public input on AI-related inventions through feedback mechanisms and listening sessions. Feedback from various stakeholders indicated a consensus on the necessity for guidance on inventorship and AI-driven innovations. President Joe Biden’s executive order on AI in October included provisions for such guidance. Kathi Vidal, the undersecretary of commerce for intellectual property and director of the USPTO, stressed the importance of striking a balance in a blog post on Monday. She highlighted the patent system’s foundation in incentivizing and safeguarding human creativity, as well as fostering idea-sharing for further development by others.
Vidal emphasized that finding the right equilibrium is crucial to encouraging human ingenuity while also supporting AI-assisted inventions without hindering future innovations. The guidance affirms that patent protection can be sought for inventions significantly influenced by human contributions.
Authored by Madison Alder
Madison Alder, a writer for FedScoop based in Washington, D.C., specializes in state systems. Her reporting encompasses the government’s utilization of artificial intelligence and monitoring changes in federal procurement. She has a broad interest in topics related to data, legislation, and healthcare. Prior to her role at FedScoop, Madison covered various beats at Bloomberg Law, including federal courts, healthcare, and employee benefits. Originally from Seattle, Madison graduated from Arizona State University’s Walter Cronkite School of Journalism and Mass Communication.
