AI-Aided Invention Questions Swirl After Patent Agency Guidance

New patent office guidance on how much human involvement is necessary for AI-assisted inventions to win protection highlights thorny questions for attorneys drafting patent applications.

The US Patent and Trademark Office said AI-assisted inventions can be eligible for a patent if a human was significantly involved in developing it. The agency previously said that AI itself can’t be an inventor deserving patent protection, in a decision backed by the US Court of Appeals for the Federal Circuit.

Attorneys will have to work to ensure they can demonstrate enough human involvement in an AI-assisted invention to persuade the ...