Source: Brownstein Hyatt Farber Schreck

Brownstein Hyatt Farber Schreck examines the strategic implications of the USPTO's November 28, 2025, revised guidance on AI-assisted inventions. The article underscores that while AI is transforming R&D, the legal standard for inventorship remains firmly human-centric. The USPTO's rescission of its 2024 guidance and alignment with Federal Circuit precedent clarifies that AI is merely a tool. For companies, this means that proving "conception"—a specific, settled idea in the mind of a natural person—is critical.

The authors advise patent applicants to meticulously document human contributions, especially when AI outputs are involved, to withstand future scrutiny. A key risk identified is "Foreign Priority": US applications claiming priority to foreign filings that name AI as an inventor will be rejected, necessitating an audit of global filings. The firm recommends that companies train their R&D teams on these documentation requirements and review invention disclosure forms to ensure they reflect the necessity of human conception, applicable to utility, design, and plant patents alike.