US Issues New Patent Guidelines, Says AI Cannot Be Listed as Inventor

The USPTO says AI tools will be treated as equipment, and only human inventors are eligible for patents.

Advertisement
Written by Akash Dutta, Edited by Ketan Pratap | Updated: 28 November 2025 17:00 IST
Highlights
  • New USPTO guidance treats AI as a tool, not a patent inventor
  • Previous 2024 joint-inventor draft has now been rescinded
  • AI is also not eligible for joint inventorship patents

The USPTO highlights that AI-assisted inventions must list human inventors in patent applications

Photo Credit: Unsplash/Markus Winkler

The United States Patent and Trademark Office (USPTO) has issued new guidelines clarifying how inventions developed with the help of artificial intelligence (AI) systems and tools will be treated under the US patent law. A notice regarding this change to the patent guidelines was published on Friday, highlighting that AI-assistent inventions do not quality the AI system itself to be treated as the inventor. The regulator highlighted that AI systems are viewed as tools and equipments, and they cannot be named in a patent application.

In a notification issued on Friday, the USPTO stated revised patent guidelines for AI-assisted inventions, highlighting that the technology will no longer be evaluated under a separate standard. Now, for inventorship, the same rules as traditional inventions will apply to AI systems. The patent watchdog also said that generative AI systems must be viewed as “tools” used by human inventors, not as inventors themselves. Only a human being who conceived the claimed invention may be named on the patent.

Advertisement

“AI systems, including generative AI and other computational models, are instruments used by human inventors. They are analogous to laboratory equipment, computer software, research databases, or any other tool that assists in the inventive process[..]They may provide services and generate ideas, but they remain tools used by the human inventor who conceived the claimed invention,” the notification stated.

The previously issued guidance from February 2024, which had considered applying a joint-inventor standard when AI is involved, has now been rescinded. The USPTO formally stated that the so-called “Pannu factors” (three criteria from the court case Pannu v. Iolab Corp), used historically to determine whether multiple human co-inventors qualify, do not apply when only one human inventor is involved and AI assistance is used.

Importantly, the agency emphasised there is no separate or modified standard for AI-assisted inventions. Examiners will evaluate inventive contributions using existing criteria, focusing on human conception of the core inventive idea and any improvements being technically described, rather than on the role of AI in generating drafts or suggestions.

Further, while AI assistance is not prohibited, the burden remains on applicants to demonstrate that human creativity and decision-making produced the invention. Generic use of AI tools for drafting, ideation, or data processing does not automatically translate to inventorship or patent eligibility.

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Further reading: AI, Artificial Intelligence, Patents, US
Advertisement

Related Stories

Popular Mobile Brands
  1. OnePlus 16 With a 9,000mAh Battery Debuts at This Price
  2. Oppo Pad Mini Key Features Revealed Ahead of India Launch
  3. Xiaomi 18 Pro, Xiaomi 18 Pro Max Global Variants Spotted on Geekbench
  4. Schneider Brings 90 Years of French Consumer Electronics Heritage to India With a New Audi
  5. Amazon Great Indian Festival 2026: Top Deals on 75-inch and More Smart TVs
  6. iQOO CEO on Price Hikes and Why iQOO 16 is a Complete Flagship
  7. From Selfies to Creators: Oppo Executive on F Series at 10
  1. Kraken Parent Payward Gets Full Dubai Licence to Expand in UAE
  2. Sui Commits $30 Million as DATA Network Winds Down Blockchain
  3. Intel, Qualcomm Raise CPU Prices Amid AI Demand, Panther Lake Processors See Steepest Hike: Report
  4. WhatsApp May Soon Let Android Users Schedule Messages, Photos and Videos
  5. OnePlus 16 Launched With 9,000mAh Battery, Snapdragon 8 Elite Extreme Gen 6 Chipset: Price, Specifications
  6. Amazon Great Indian Festival Sale 2026: Best Deals on Echo Devices and Alexa Speakers
  7. Oppo Pad Mini Key Features Revealed Ahead of India Launch
  8. Ledger Addresses Hidden Chip Concerns as Users Claim $92 Million in Crypto Theft
  9. Vivo X500 E Surfaces on Bluetooth SIG, Google Play Console Ahead of Anticipated Launch
  10. Amazon Great Indian Festival Sale 2026: Best Deals on Premium and Flagship Smartphones
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.