Patently Enabled - May 2024 - Inventorship of AI-Created Pa…

WHO OR WHAT IS AN INVENTOR?

The U.S. Patent and Trademark Office (USPTO) requires an inventor to be an individual.

Recent cases have also held that AI tools may not be named as an inventor on a patent application. These decisions have sparked debate, raising fundamental questions about the capacity of AI to independently “conceive,” thereby being qualified as an inventor.

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