The US Patent Office clarifies that AI can’t own a Patent

The US Patent and Trademark Office (USPTO) has issued guidance clarifying that artificial intelligence (AI) systems cannot be listed as inventors in patent applications. These guidelines follow previous rulings affirming that only “natural humans” can apply for patents. However, individuals can utilise AI tools during the invention process, provided they disclose their use of AI. The agency emphasises that applicants must disclose all material information, including AI involvement. To qualify as an inventor, a person must significantly contribute to the conception of the invention, not merely supervise an AI’s output. The USPTO stresses that simply overseeing an AI’s activities doesn’t grant inventorship. The USPTO’s stance aligns with broader discussions on AI’s role in intellectual property, including recent decisions on copyright involving AI-generated content.


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