Wednesday, December 3, 2025

USPTO Unveils Updated Guidelines for AI-Assisted Inventions and Inventorship

The US Patent and Trademark Office (USPTO) has issued revised guidance stating that only natural persons can be named as inventors on patent applications, specifically related to AI-assisted inventions. This new guidance, effective since November 26, 2025, supersedes previous approaches that allowed for joint-inventorship between humans and AI. It emphasizes that traditional conception standards apply, and AI cannot be credited as an inventor. Key takeaways for inventors and companies include the necessity to document human contributions clearly, update internal policies to prohibit naming AI systems in patent filings, and ensure the correct identification of natural-person inventors throughout the invention process. Additionally, joint-inventorship principles still apply solely to human collaborators, and any application listing AI as a contributor will be rejected. Organizations should enhance governance frameworks, maintain evidence for human conception, and reassess invention disclosure procedures to align with these developments and safeguard patent enforceability.

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