AIPLA Comments on Inventorship Guidance for AI-Assisted Inventions

Arlington, VA. May 10, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO in response to the recently-published Inventorship Guidance for AI-Assisted Inventions.

The comments applaud the USPTO’s efforts to clarify how US inventorship law applies to the use of AI by natural persons and supports the USPTO's guidance focusing on the activities of natural persons, rather than AI, in determining inventorship. Specifically, the comments support the USPTO’s view that where a natural person meets the standards of inventorship under existing law, the use of an AI tool by that natural person to assist with the inventive process does not negate that inventorship.  Further, the comments support the position in the Guidance that a natural person must make a significant contribution to each claim of a patent.  While broadly supportive of the Guidance, AIPLA notes an aspect of the particular language used that may benefit from further clarification.

AIPLA also agrees with the Guidance that the existing duties of disclosure and reasonable inquiry are sufficient and no new disclosure requirement is necessary for AI-assisted inventions.  Lastly, AIPLA thanks the USPTO for their important and timely guidance in this evolving field.

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