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US Patent Office: AI Cannot Be Granted Patents, Only Humans Can

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The U.S. Patent and Trademark Office has issued a new guidance specifying that only “natural humans” can be awarded patents, excluding AI systems from being recognized as inventors. This decision has significant implications for the future of AI-assisted inventions and intellectual property rights.

Key Takeaway

The US Patent Office has ruled that only “natural humans” can be awarded patents, excluding AI systems from being recognized as inventors. This decision underscores the need for human involvement and significant contribution in the conception of patentable inventions, raising important legal and ethical considerations in the era of AI-assisted innovation.

Implications of the USPTO Guidance

The guidance document emphasizes that patents are meant to incentivize and reward human ingenuity, and therefore, only individuals who significantly contribute to the conception of an invention can be named as inventors. This raises important questions about the role of AI in the creative process and the extent to which it can be considered a “joint inventor” or “coinventor” in patent applications.

Defining Human Involvement in AI-Assisted Inventions

The USPTO guidance clarifies that while AI-assisted inventions are not “categorically unpatentable,” AI systems themselves are not individuals and, therefore, cannot be recognized as inventors. It highlights the need for a natural person to demonstrate a significant contribution to the invention, beyond merely presenting a problem to an AI system or appreciating its output.

Legal and Ethical Considerations

The document navigates the complexities of defining human involvement in AI-generated inventions, emphasizing that maintaining “intellectual domination” over an AI system does not automatically qualify a person as an inventor. This underscores the legal and ethical considerations surrounding AI’s role in the creation of patentable inventions.


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