Can AI Dream Up Patentable Ideas? US Patent And Trademark Office Says No For Now

The U.S. Patent and Trademark Office, or USPTO, has confirmed that artificial intelligence systems cannot be listed as inventors in patent applications. However, humans can use AI tools in the invention process and must disclose this information.

What Happened: The USPTO released its latest guidance on Tuesday after conducting a series of public consultations. The agency’s stance is that AI systems and other “non-natural persons” cannot be named as inventors in patent applications.

However, the use of AI tools by humans does not disqualify them from being listed as inventors. The person using the AI must have made a significant contribution to the invention’s conception to be eligible for a patent, reported The Verge.

The USPTO’s guidance also states that merely overseeing an AI system that creates something does not entitle the person to file a patent for it. This follows a 2020 ruling by the USPTO that only “natural humans” can apply for patents.

Why It Matters: This decision by the USPTO aligns with the U.S. Supreme Court’s ruling in May 2023, which stated that AI systems cannot be named as inventors. The case involved computer scientist Stephen Thaler, who attempted to patent inventions created by his AI, DABUS.