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New FAQs available on Inventorship Guidance for AI-assisted Inventions
The USPTO has published FAQs about the USPTO’s Inventorship Guidance for AI-assisted Inventions. These FAQs provide additional information for stakeholders and examiners on how inventorship is analyzed, including for artificial intelligence (AI)-assisted inventions.
We issued the FAQs in response to feedback from stakeholders. The FAQs explain that the guidance does not create a heightened standard for inventorship when technologies like AI are used in the creation of an invention, and the inventorship analysis should focus on the human contribution to the conception of the invention.
Background on the guidance
We issued “Inventorship Guidance for AI-assisted Inventions” (89 FR 10043) and requested comments from the public on the guidance on February 13, 2024. The comment period ended June 20, 2024. We received 66 unique written comments from a diverse group of stakeholders. You can read their comments on the Regulations.gov docket page.
Visit the USPTO AI webpage for the latest AI-related news and resources. Our AI-related resources page is updated frequently with current USPTO guidance and training materials on issues relevant to AI and intellectual property.
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