US Issues New Patent Guidelines, Says AI Cannot Be Listed as Inventor

The United States Patent and Trademark Office (USPTO) has issued new patent guidelines clarifying how inventions developed with artificial intelligence (AI) will be treated. According to the new rules, AI cannot be listed as an inventor and is considered only as a tool or equipment.

Under the updated guidelines, the same inventorship rules as traditional inventions apply. Only a human who conceives the core inventive idea can be named on a patent. AI systems, including generative AI and computational models, are tools used by human inventors. While they can assist in the inventive process, they cannot be considered inventors themselves.

Previously issued guidance in February 2024, which considered AI as a potential joint inventor, has been rescinded. Now AI is recognized strictly as a tool, and the “Pannu factors” for determining joint inventorship do not apply when AI assistance is involved.

Although using AI is permitted, the applicant must demonstrate that human creativity and decision-making produced the invention. Generic AI use for drafting, ideation, or data processing does not automatically qualify for inventorship or patent eligibility.