In May, 2023 I submitted comments to the USPTO regarding AI and Inventorship, with the help of my colleague Jianbai Wang and a group of Berkeley Law students. I pointed out that the biggest issue in this context is hybrid inventorship, where there are both human and AI contributions. I argued that the best approach would be to permit patent applications that have AI contributions as long as there is at least one human inventor.
I am very happy to report that on February 13, 2024, the USPTO has endorsed my recommended approach. Since inventors are required to be humans under current law, the USPTO has circumvented the question of AI inventors by focusing on existing standards: is the contribution of a person significant enough to qualify that person as an inventor? This standard has been codified over a very long time, and is not changing now. Because of the focus on the human inventors, the USPTO does not need to know how AI systems may have contributed.
In my webinars and presentations over the past year I have emphasized the importance of having at least one substantial human inventor, and documenting the work of the human inventors in case there were ever a question about the extent of the human inventorship. That advice still applies.
Happy inventing! Leverage AI in your inventions!
For the full guidance, see https://www.federalregister.gov/documents/2024/02/13/2024-02623/inventorship-guidance-for-ai-assisted-inventions.