AI Systems Not Eligible for Patent Inventorship, USPTO Confirms

The United States Patent and Trademark Office (USPTO) has made it clear that artificial intelligence (AI) systems cannot be credited as inventors in patent applications. This ruling comes with the stipulation that humans utilizing AI to help in inventing a product must declare their use of such technology during the patent application process.

Defining Inventorship in the Age of AI

According to the USPTO's recent guidance, which is the outcome of a series of public 'listening' sessions for feedback, the title of 'inventor' is reserved for human beings, or 'natural persons'. Despite the AI's role in facilitating the invention process, it cannot be recognized as an inventor in official patent documentation.

Human Contribution to Invention with AI

The guidelines further stress that any human claiming a patent must have made a substantial contribution to the invention's conception, beyond merely using an AI system. They must have interacted with the AI in a meaningful way, shaping the system's function to solve a specific issue, to qualify as an inventor. Solely operating or owning an AI system that contributes to an invention is insufficient for a person to qualify as an inventor and claim a patent.

Past Rulings and Public Consultations

The USPTO's stance on AI inventorship was solidified in 2020, following a case where Stephen Thaler, a researcher, attempted to list his AI system called DABUS as an inventor. The patent office, as well as a US court, rejected the application, reinforcing the notion that patent eligibility requires human involvement. This decision parallels a separate federal court's ruling against granting copyright to AI. Following these events, the USPTO in conjunction with the US Copyright Office conducted consultations to shape the contemporary guidelines.

Implications for AI in Intellectual Property

This confirmation from the USPTO sets a precedent in intellectual property law, delineating the boundary between human creativity and AI assistance. As AI continues to play a role in innovation, it raises crucial questions about the future of patents and the definition of inventorship in a technology-driven era.

USPTO, AI, patents