New guidance clarifies inventorship, disclosure, and eligibility standards for artificial intelligence-related inventions.
The U.S. Patent and Trademark Office (USPTO) revised several of its patent policies to better address inventions involving artificial intelligence (AI), a move the agency said is intended to strengthen U.S. competitiveness while providing more explicit rules for innovators.
The updated guidance focuses on how existing patent law applies when AI systems are used in the inventive process. The USPTO reaffirmed that only natural persons can be named as inventors, even when AI tools play a significant role in developing an invention. According to the agency, humans must make a “significant contribution” to qualify for inventorship under U.S. law.
“AI-assisted inventions are not categorically unpatentable,” the USPTO said, but inventors must clearly document the human contributions that led to the claimed invention. The agency added that using AI as a tool does not automatically disqualify an invention from patent protection.
The revisions also address disclosure requirements. Applicants may need to explain how AI was used in developing an invention when that information is material to patentability. The USPTO said this is consistent with long-standing duties of candor and good faith owed to the office.
In addition, the guidance clarifies how patent examiners should assess subject-matter eligibility for AI-related inventions, emphasizing that claims should be evaluated under existing legal frameworks rather than new AI-specific standards. The agency said this approach is designed to provide predictability for applicants while keeping pace with rapid technological change.
Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, has said the goal is to ensure the patent system continues to reward human ingenuity without creating uncertainty for emerging technologies.
The policy updates come as lawmakers, regulators, and courts continue to debate how intellectual property law should adapt to advances in AI. By refining its guidance, the USPTO aims to balance incentives for innovation with legal clarity, particularly as AI becomes more deeply embedded across industries.
The revised policies take effect immediately and will guide both patent applicants and examiners as AI-driven innovation continues to accelerate.
