NIXSolutions: The US To Issue Patents for Inventions Made with AI

The United States Patent and Trademark Office (USPTO) has outlined its approach to evaluating the significance of AI-driven contributions in patent applications, while firmly asserting that AI itself cannot be recognized as an inventor.


Clarifying Patent Criteria for AI-Generated Inventions

In its recently released “Invention Guide for Inventions Made Using AI,” the USPTO emphasizes that though AI inventions are not categorically unpatentable, the analysis should prioritize human contributions. The document reinforces the stance, established in 2020, that only individuals can be acknowledged as inventors, as patents are designed to incentivize and reward human ingenuity.

Learning from Past Cases and Guiding Future Assessments

The guide draws insights from previous cases, such as the 2020 rejection of inventor Stephen Thaler’s AI-created container patent. To preempt similar disputes, the document introduces hypothetical scenarios to illustrate the application of the provided guidance. These scenarios aim to assist both assessors and applicants in comprehending the nuanced evaluation process, notes NIXSolutions.

While the outlined measures are not exhaustive, the USPTO acknowledges that a patent may be granted based on substantial contributions in framing problems for AI. Additionally, there is no mandatory requirement for applicants to disclose specific details about AI involvement in the invention.