United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2024_register executive 2024-02-13 article Notices D09002ee1c79305ea D09002ee1c7930682 United States Department of Commerce originator org United States Government Agency or Subagency United States Patent and Trademark Office originator org United States Government Agency or Subagency Pursuant to the "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" (October 30, 2023), the United States Patent and Trademark Office (USPTO or Office) is issuing inventorship guidance for inventions assisted by artificial intelligence (AI). The guidance provides clarity for USPTO stakeholders and personnel, including the Central Reexamination Unit and the Patent Trial and Appeal Board (PTAB or Board), on how the USPTO will analyze inventorship issues as AI systems, including generative AI, play a greater role in the innovation process. This guidance explains that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity. Patent protection may be sought for inventions for which a natural person provided a significant contribution to the invention, and the guidance provides procedures for determining the same. Finally, the guidance discusses the impact these procedures have on other aspects of patent practice. The USPTO is seeking public comments on this inventorship guidance for AI-assisted inventions. 89 FR 10043 https://www.govinfo.gov/app/details/FR-2024-02-13/2024-02623 2024-02623 fr13fe24-28 3510-16-P Docket No. PTO-P-2023-0043 https://www.govinfo.gov/app/details/FR-2024-02-13/2024-02623 https://www.govinfo.gov/content/pkg/FR-2024-02-13/html/2024-02623.htm https://www.govinfo.gov/content/pkg/FR-2024-02-13/pdf/2024-02623.pdf 9 p. 10043 10051 89 FR 10043 Inventorship Guidance for AI-Assisted Inventions; Federal Register Vol. 89, Issue NOTICE 2024-02623 DEPARTMENT OF COMMERCE Patent and Trademark Office 2024-02-13 Docket No. PTO-P-2023-0043 3510-16-P 2024-02623 Examination guidance; request for comments.

Pursuant to the "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" (October 30, 2023), the United States Patent and Trademark Office (USPTO or Office) is issuing inventorship guidance for inventions assisted by artificial intelligence (AI). The guidance provides clarity for USPTO stakeholders and personnel, including the Central Reexamination Unit and the Patent Trial and Appeal Board (PTAB or Board), on how the USPTO will analyze inventorship issues as AI systems, including generative AI, play a greater role in the innovation process. This guidance explains that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity. Patent protection may be sought for inventions for which a natural person provided a significant contribution to the invention, and the guidance provides procedures for determining the same. Finally, the guidance discusses the impact these procedures have on other aspects of patent practice. The USPTO is seeking public comments on this inventorship guidance for AI-assisted inventions.

Applicability Date: The inventorship guidance for AI-assisted inventions is effective on February 13, 2024. This guidance applies to all applications, and to all patents resulting from applications, filed before, on, or after February 13, 2024. Matthew Sked, Senior Legal Advisor, at 571-272-7627; or Nalini Mummalaneni, Senior Legal Advisor, at 571-270- 1647, both with the Office of Patent Legal Administration, Office of the Deputy Commissioner for Patents. Guidance: Inventorship Guidance on AI-Assisted Inventions, Regulations.gov www.regulations.gov www.regulations.gov/docket/PTO-P-2022-0045/comments www.uspto.gov/about-us/events/aiet-partnership-series-1-kickoff-uspto-aiet-activities-and-patent-policy www.uspto.gov/initiatives/artificial-intelligence/artificial-intelligence-resources www.uspto.gov/sites/default/files/documents/16524350_22apr2020.pdf www.uspto.gov/sites/default/files/documents/USPTO_AI-Report_2020-10-07.pdf Vol. 89, no. 30 Office of the Federal Register, National Archives and Records Administration 2024-02-13 continuing daily deposited born digital 1166 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2024-02-13 P0b002ee1c4e41090 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr13fe24 https://www.govinfo.gov/app/details/FR-2024-02-13 https://www.govinfo.gov/content/pkg/FR-2024-02-13/pdf/FR-2024-02-13.pdf https://www.govinfo.gov/content/pkg/FR-2024-02-13/xml/FR-2024-02-13.xml fdlp 10005 11161 DGPO 2024-02-13 2024-05-28 FR-2024-02-13 machine generated eng FR FR-2024-02-13 89 30