AI and Inventorship Guidance: Incentivizing Human Ingenuity and Investment in AI-Assisted Inventions
Kathi Vidal · Technology & Innovation · 2024
Following the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), the U.S. Department of Commerce has issued guidance on AI-assisted inventions via the United States Patent and Trademark Office (USPTO). This framework ensures that human contributions are significant enough for patent eligibility based on the Federal Circuit’s “significant contribution” test. The guidance clarifies that AI-assisted inventions are not categorically unpatentable and outlines criteria for naming human inventors. Additionally, the USPTO is collaborating with the U.S. Copyright Office on copyright issues related to AI. The USPTO’s efforts include updating patent eligibility guidelines for AI innovations and engaging internationally to harmonize AI policies. These initiatives aim to balance the promotion of human ingenuity with the advancement of AI technologies, thus supporting a safe and innovative future.