The United States of America will issue patents for inventions made with the help of artificial intelligence. At the same time, only a person can be an inventor.

The United States Patent and Trademark Office (USPTO) has clarified the rules for determining the significance of human contribution to the development of artificial intelligence for the grant of a patent.

"Although inventions using AI are not categorically unpatentable, the analysis of the invention process should focus on human contribution, since patents serve to stimulate and reward human ingenuity," says the document, dubbed the "Inventive Guidelines for Inventions Made using AI." The document was prepared based on the results of public discussions: citizens were asked to answer 11 questions on this topic, and in February 2023, the USPTO opened the reception of comments on the draft recommendations.

AI systems cannot obtain patents by themselves — the relevant law specifies that only an individual can be an inventor.

The document clarifies that a patent can also be granted to an applicant who has made a significant contribution to the formulation of the problem for AI. The Office also does not require the applicant to disclose information about the participation of AI in the invention at all.

ORIENT news