The US Patent Office States Only Humans, Not AI, Can Hold Patent Rights

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The US Patent and Trademark Office (USPTO) has issued guidance clarifying that only human inventors can receive patents, not AI systems. While AI can assist in the invention process, it cannot be listed as an inventor on a patent.

There were questions around whether an AI model that independently designs something patentable could be a "joint inventor." However, the USPTO said AI systems are not legal "individuals" and cannot be inventors. At least one human must be named as an inventor on any patent application. 

The guidance discusses what type of human involvement would constitute inventor-ship when AI is involved. Simply recognizing a problem or using an AI system does not qualify someone as an inventor. However, significantly contributing to how an AI system is prompted to solve a problem, or meaningfully building on the AI's output could be enough to be an inventor. 

Merely appreciating an AI's output as an invention is also not enough. Humans must show they "significantly contributed" to the invention. The guidance aims to provide clarity, as no one was sure previously if maintaining "intellectual domination" over an AI meant its output was automatically the inventor's inventions.

Going forward, humans will need to demonstrate their inventive role when AI assists.