In the Law360 article “What Attys Expect From USPTO Guidance On AI And Patents,” partner Mauricio Uribe discusses potential U.S. Patent and Trademark Office (USPTO) guidelines relating to inventorship and patent subject matter eligibility for AI-based technologies. The article analyzes the various potential measures the USPTO could take to encourage or exclude the use of AI in patents, following President Biden’s recent Executive Order mandating widespread actions related to AI, including a specific call to action for the USPTO to establish such guidelines.
According to the piece, one of the core questions that might be addressed by the USPTO, responsive to the EO, can include whether AI could be considered an inventor and how the concept of inventorship may change for humans that utilize AI-technology as part of the development process. Uribe maintains that the forthcoming guidelines should at least address the latter issue, particularly “how should they analyze what a human is doing in conjunction with an AI, and how the human is considered an inventor.”
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