Plan contradicts brand new guidelines established by USPTO on AI-inventorship – there’s clarity now
Mark Masutani ’24, February 14, associate, “USPTO Issues New Guidance on AI-Assisted Inventorship,” Holland & Knight IP/Decode Blog, accessed July 9, 2024, https://www.hklaw.com/en/insights/publications/2024/02/uspto-issues-new-guidance-on-ai-assisted-inventorship
The U.S. Patent and Trademark Office (USPTO) issued new guidance on Feb. 12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. The U.S. Court of Appeals for the Federal Circuit previously held that an AI system cannot be named as an inventor on a patent, but its opinion left open the question of whether persons can be named as inventors when they use an AI system during the inventive process. President Joe Biden's Executive Order calling for guidance on this issue compelled the USPTO to act. Now, both examiners and stakeholders have some clarity regarding AI-assisted inventions.