Source: National Law Review

National Law Review discusses the United States Patent and Trademark Office’s (USPTO) updated guidance on the eligibility of AI-related inventions. The guidance clarifies that while AI-generated content cannot itself qualify as the inventive act of a machine, AI-assisted inventions can be patented if a human can be identified as the true inventor.

The USPTO emphasizes the importance of clear documentation about the role of AI in the development process, as well as traditional standards of novelty, utility, and non-obviousness. The new framework also discusses how to evaluate AI’s role in algorithms, model training, and decision-making as part of a broader invention.

The guidance aims to provide certainty for applicants while preserving the integrity of U.S. patent law principles.