Washington, 16 January 2025
The United States Patent and Trademark Office (USPTO) has published FAQs about the USPTO’s Inventorship Guidance for AI-assisted Inventions. These FAQs provide additional information for stakeholders and examiners on how inventorship is analyzed, including for artificial intelligence (AI)-assisted inventions.
The USPTO issued the FAQs in response to feedback from stakeholders. The FAQs explain that the guidance does not create a heightened standard for inventorship when technologies like AI are used in the creation of an invention, and the inventorship analysis should focus on the human contribution to the conception of the invention.
Background on the guidance
The USPTO issued “Inventorship Guidance for AI-assisted Inventions” (89 FR 10043) and requested comments from the public on the guidance on February 13, 2024. The comment period ended June 20, 2024. They received 66 unique written comments from a diverse group of stakeholders. You can read their comments on the Regulations.gov docket page.
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Read the Guidance
Source – USPTO / Federal Register