Philip L. Hirschhorn, left, and Ikenna C. Ejimonyeugwo, right, of Panitch Schwarze. Courtesy photos Inventorship and Patentability of Artificial Intelligence-Based Inventions
The quandary is whether an AI platform that assists in creating an invention should be named as an inventor in a patent. For example, an AI-powered system may be employed pharmaceutically to identify molecular compounds in the discovery of a newly invented drug, without much human involvement. Does such AI assistance rise to the level of inventorship?
November 22, 2023 at 09:44 AM
6 minute read
Intellectual Property
The concept of inventorship continues to evolve with the advent of artificial intelligence (AI). AI-generated inventions spur disagreement among Patent Offices across the world as to who, or what, qualifies as an inventor in patent applications. The quandary is whether an AI platform that assists in creating an invention should be named as an inventor in a patent. For example, an AI-powered system may be employed pharmaceutically to identify molecular compounds in the discovery of a newly invented drug, without much human involvement. Does such AI assistance rise to the level of inventorship? The answer is no—not in the United States—according to the U.S. Court of Appeals for the Federal Circuit. See Thaler v. Vidal, 43 F.4th 1207, 1213 (Fed. Cir. 2022).
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