Abstract
The intersection of artificial intelligence (AI) and patent law has sparked debates regarding the inventorship status of AI-assisted creations. This article examines the USPTO’s 2024 “Inventorship Guidance for AI-Assisted Inventions,” which affirms that AI systems cannot be inventors, as only natural persons can conceive inventions under U.S. law. By emphasizing human contribution as essential for patent eligibility, the Guidance draws on existing principles reinforcing that AI systems are tools rather than inventors. This article argues that the Guidance is a step in the right direction balancing the need to encourage technological innovation while also aligning with statutory language and judicial precedents. Particular focus is given to the duty to disclose AI involvement, an area of growing significance as AI systems increasingly contribute to innovation. This article proposes enhanced disclosure standards to ensure transparency and accountability, along with incentive mechanisms for inventors and the USPTO. It further explores how this framework balances the promotion of human ingenuity with the growing reliance on AI during the inventive process. While the Guidance represents progress and provides an important foundation, this article identifies gaps in its application and concludes that further legal and regulatory developments will be necessary to address unresolved issues and fully integrate AI into the patent system.
Recommended Citation
Nathan Elmer,
A Step in the Right Direction: Artificial Intelligence Inventorship,
69
St. Louis U. L.J.
(2024).
Available at:
https://scholarship.law.slu.edu/lj/vol69/iss1/9