USPTO Weighs in: New Guidance for AI-Assisted Inventions

This year, the U.S. Patent and Trademark Office (USPTO) issued two guidance documents on an important question: Who can patent inventions conceived with the help of generative artificial intelligence (AI)? In February 2024, the USPTO sought to clarify how much AI involvement is acceptable before an invention becomes unpatentable. In August 2024, it provided further guidance on subject matter eligibility for AI inventions. These documents represent a major step forward, but they leave some concerns unresolved.

To view the full article written by Kumar Vinnakota and Arjun Padmanabhan for the Dallas Bas Association Headnotes, please click here.

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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