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USPTO Inventorship Guidance for Artificial Intelligence-related Inventions
Cantor Colburn Client Alert
On February 13, 2024, the USPTO issued inventorship guidance for AI-assisted inventions. The guidance provides information to stakeholders, including patent applicants, practitioners, and examiners, regarding determining inventorship for patents or patent applications for inventions created by humans with the assistance of AI systems. In the Guidance, the USPTO suggests five “guiding principles” that are meant to aid stakeholders in determining whether a natural person’s contribution in an AI-assisted invention is significant, in accordance with the factors set forth in Pannu v. Iolab Corp. The Guidance also discusses other issues related to AI-assisted inventions, including practitioners’ duty of candor and good faith, inventor declarations, and assignments. Along with the Guidance, the USPTO published two examples on inventorship specifically for AI-assisted inventions to aid stakeholders with applying the guiding principles.
For Further Information and Assistance
Attorneys in Cantor Colburn’s Artificial Intelligence Practice Group have substantial experience representing clients in these types of matters. Primary contacts are:
- David Kincaid, Partner and Artificial Intelligence Practice Co-Chair, dkincaid@cantorcolburn.com
- Eric Baron, Partner and Artificial Intelligence Practice Co-Chair, ebaron@cantorcolburn.com
We welcome your questions regarding this matter and any other regarding your IP in general.
This client alert was written by David Kincaid with contributions from Eric Baron.
Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.
