Join us as our speakers discuss the recently issued USPTO examination guidance
regarding patentability for artificial intelligence (AI)-assisted inventions.
The guidance states that AI-assisted inventions are not “category
unpatentable.” Instead, when a natural person provides a “significant
contribution” to an invention, such an invention can be patentable even if an
AI system contributed to the invention. While the guidance does not constitute
law, it is grounded in law, i.e., the Federal Circuit’s so-called Pannu
factors, which serve as a test for ensuring that a natural person contributed,
at least in part, to the conception of the invention as required in the Federal
Circuit’s Thaler decision on AI inventorship. The guidance also provides
several useful guidelines and examples to help patent practitioners determine
what constitutes a “significant contribution” for purposes of establishing
natural person inventorship and, thus, patentability for AI-assisted
inventions.
Presented by:
Ryan
Phelan, Marshall, Gerstein & Borun LLP
Ann
McCrackin, Franklin Pierce School of Law
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