Humans Can Patent AI-Generated Creations. Ownership Is Less Clear.
The US Patent and Trademark Office’s recent guidance on inventorship for AI-assisted inventions partially resolves one of the thornier questions in modern intellectual property law: who can patent AI-generated inventions. The answer is now humans, provided that they “significantly contribute” to the output and “recognize and appreciate” the invention.
Arjun Padmanabhan says USPTO guidance on AI-assisted inventions is clear regarding patent opportunities but leaves open questions about who should own the patent.
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.
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