Although generative AI cannot qualify as an inventor according to United States patent regulations, the United States Patent and Trademark Office has revised its directives regarding the role of such technologies in developing new inventions. In a statement acquired by Reuters, USPTO Director John Squires explained that the office regards generative AI as similar to various aids that creators employ, such as laboratory apparatus, computer programs, and information repositories.
Squires stated that artificial intelligence technologies, encompassing generative AI and various digital frameworks, function as devices employed by human creators. These systems can deliver support and produce concepts, yet they serve merely as implements for the individual originator who devised the invention described in the application.
The forthcoming announcement, available as a PDF and scheduled for the Federal Register on November 28, indicates that AI-supported inventions follow the standard patent review procedure without any distinct pathway. Squires further noted that in cases involving several human contributors aided by AI, the established rules for collaborative creation remain in effect.
A decision from the Federal Circuit Court of Appeals has established that artificial intelligence lacks the eligibility to be listed as an inventor in patent filings or grants, restricting that designation to human individuals. The recent USPTO updates maintain this position unchanged. Nevertheless, the revised policies provide greater insight into the patentability of innovations, such as novel pharmaceuticals, created through generative AI involvement.