IP Watchdog quotes ACG Partner Marla Grossman’s “crystal ball projections for 2024” regarding USPTO rulings concerning artificial intelligence and inventorship.
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“We are less than 24 hours out from 2024 and, after reflecting on what mattered in 2023 and other year-in-review recaps, it is now time once again to ponder what lies ahead. From exciting patent legislation to Supreme Court trademark and copyright cases that could have big implications, here is what the IPWatchdog community will be keeping on its radar in the new year…
Anticipation is high with the patent community for the forthcoming rulings from the USPTO concerning artificial intelligence (AI) and inventorship. My crystal ball projections for 2024 are that the USPTO will rule as follows:
- Existing law dictates that only natural persons can be designated as inventors.
- AI systems are not currently eligible for inventorship recognition.
- The utilization of an AI system in the invention creation process is akin to the use of other technical tools, with the potential distinction being limited to technical efficiency, having no discernable impact on its legal or regulatory implications.
- Given that current law offers sufficient guidance, the USPTO will not extend its present guidance on inventorship to accommodate scenarios where AI significantly contributes to an invention.
- Additionally, the USPTO will refrain from recommending alterations to current inventorship laws in response to AI advancements, treating AI on par with other technical tools in the innovation landscape.”
