Can AI be an Inventor for a Patent?
AI as Inventor
Artificial intelligence continues to raise novel questions in intellectual property law, but U.S. courts have drawn a clear line when it comes to patent inventorship. A federal court decision affirmed the USPTO’s position that only humans, not AI systems, can be legally recognized as inventors under U.S. patent law.
USPTO and Federal Court Confirm Only Humans Can Be Inventors — The dispute arose after Imagination Engines filed patent applications listing “DABUS,” an artificial intelligence system, as the sole inventor. The USPTO rejected the applications, reasoning that U.S. patent law permits only “natural persons” to be named as inventors. A federal court in the Eastern District of Virginia upheld that determination, agreeing that the statutory language does not extend inventorship to artificial intelligence systems.
Natural Person and Oath Requirements Bar AI Inventors — In affirming the USPTO’s decision, the court emphasized that patent applicants must be “individuals” capable of executing a sworn oath as part of the application process. Because AI systems cannot take an oath or otherwise satisfy these statutory requirements, they cannot be listed as inventors, regardless of their role in generating the underlying invention.
Ongoing Debate and International Contrast — Despite the loss, Imagination Engines’ founder, Stephen Thaler, has indicated plans to appeal to the U.S. Court of Appeals for the Federal Circuit. Thaler points to a contrasting decision from an Australian federal court, which previously accepted AI as an inventor, highlighting a growing divergence between U.S. law and certain foreign jurisdictions on the role of AI in innovation.
For more information, see our blog post Court Agrees Patent Inventor Can’t Be Artificial Intelligence.
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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