The U.S. Patent and Trademark Office (USPTO) has issued updated examination guidance (“New Guidance”) on inventorship in applications involving artificial intelligence (AI). The document rescinds and replaces the February 13, 2024 guidance and clarifies how inventorship should be determined when AI is used in the inventive process. The New Guidance jettisons the Pannu test for this purpose, which focused on joint inventorship issues, and instead focuses on conception. This action is another step by the new USPTO leadership to bolster the patent system. It remains to be seen whether the courts will agree with this approach. It is possible that
Continue Reading USPTO’s Revised Inventorship Guidance for AI-Assisted Inventions: What Changed, What Stayed, and What Practitioners Should Do Now














