Source: IPWatchdog

This article from IPWatchdog highlights a significant and often overlooked risk in using third-party AI tools for innovation: the potential for the AI developer to be legally recognized as a co-inventor of any resulting patent. Under U.S. patent law, inventorship is determined by an individual's contribution to the conception of the invention. The author argues that if a sophisticated AI system provides a substantial conceptual contribution to an invention, its human developers could potentially assert a claim to co-inventorship.

This scenario poses a serious threat to companies that rely on AI for their research and development. An "unwanted co-inventor" would gain ownership rights in the patent, including the right to license it independently, which could severely undermine the patent's commercial value for the company that developed the final product. To mitigate this risk, the article strongly advises companies to meticulously review the terms of service for any AI tools they use and, more importantly, to execute clear contractual agreements that explicitly assign all intellectual property rights and waive any potential inventorship claims from the AI provider.