Following the Inventoriation advice for AI assisted inventionsThe United States Patent & Trademark Office (USPTO) has published a set of frequently asked questions (FAQ) and answers concerning the guidelines (read the analysis of the guidelines here).
The FAQ first addresses if the guidelines creates an “increased level of inventoriation for inventions assisted by AI”. With regard to this first point, the USPTO declared that the directives “do not create an increased standard for inventoriation ()” explaining that inventorization concerns human contribution. Thus, although a tool can be used to create an invention, it is ultimately the role of man in the design that governs the analysis of inventoriation.
Then the FAQ explained if the examiners generally study the appropriate inventoriation. Here, the USPTO said that ”
Finally, the FAQs discuss whether, under the direction, the candidates have a duty of additional disclosure when the AI is used to develop an invention. Here, the FAQ stipulates that there is no additional right beyond the rules of the existing USPTO. Consequently, the publication of directives has not changed the functions of disclosure, franchise and good faith such as recited, for example, MPEP § 2001.
Read the published faq here.
Read the analysis of the USPTO advice here.