US Patent Office says AI can’t patent inventions, only humans can

The US Patent Office (USPTO) has made it clear that AI can’t be listed as the owner of a patent, even if it did all the heavy lifting. According to a new document filed with the federal register, the patent owner must always be a human, although that human must have “significantly contributed” to the invention itself. So, if you’ve got an AI that comes up with a patent-worthy design all on its own, you can’t just claim ownership because you created the AI.

The document, called “Inventorship Guidance for AI-assisted Inventions,” makes it clear that even though AI is playing a bigger role in innovation, humans should still be the ones getting credit for patents. After all, it’s humans who are motivated and rewarded for filing patents.

The document also includes a crucial disclaimer, noting that this guidance “does not have the force and effect of law.” Instead, it offers an interpretation of how AI-assisted patents might be filed in the future, taking into account recent rulings by the Supreme Court and Federal Circuit.

At least one person has to be listed as the inventor of the patent, and that person can only take credit for an AI-assisted invention if they “takes the output of an AI system and makes a significant contribution to the output to create an invention.”

So, just setting a goal for an AI or asking it to solve a problem doesn’t count as a “significant contribution.” Neither does recognizing the potential usefulness of what the AI comes up with, “particularly when the properties and utility of the output are apparent to those of ordinary skill.”

The document refers to the AI executive order issued by the Biden Administration in October 2023, which acknowledges how responsible AI can drive innovation, competition, and collaboration for businesses of all sizes. This guidance isn’t about restricting AI use. Instead, it aims to offer an interpretation of how responsible AI-assisted innovation should be managed and rewarded.