USPTO Issues Proposed Guidance Identifying Human Contributions on AI-Assisted Inventions

The U.S. Patent and Trademark Office released a guidance proposal on Monday highlighting the importance of humans in technology innovation and invention.

According to the USPTO’s guidance, inventorship analysis should focus on human contributions as generative AI and other AI tools play a greater role in technology innovation. Focusing on human contributions would ensure that incentives and recognitions are duly awarded even though AI-assisted inventions are “not categorically unpatentable.”

Other matters included in the guidance are guiding principles for identifying human contributions to inventions and the applicability of AI-assisted inventions to the patent process, FedScoop reported Monday.

In February 2023, the patent office sought comments about naming AI as an inventor on a patent, citing a law limiting inventorship to real people. According to the agency, AI has been rising as an essential tool in developing modern technologies.

Meanwhile, the agency itself is working on AI-based solutions to improve customer service.

In May, the USPTO announced its proposed “Track Three Pilot Program,” which integrates AI into the agency’s patent search pre-examination function. The program aims to give applicants more information before deciding to commercialize their inventions.