USPTO Seeks Public Input on AI’s Role in Inventorship and Patent Policy Amid Rising Innovation

Artificial intelligence (AI) is rapidly transforming innovation across industries, prompting the United States Patent and Trademark Office (USPTO) to evaluate how the patent system should respond to this technological shift. Recognizing AI as one of the most powerful technologies of our generation, the USPTO is focused on integrating AI responsibly into its operations while examining its broader impact on inventorship and patent policy.

Through its AI and Emerging Technology (ET) Partnership, the USPTO collaborates with other government entities, including the Department of Commerce, to support the Biden Administration’s National AI Initiative. This whole-of-government strategy aims to advance U.S. leadership in AI, enhance economic competitiveness, and bolster national security.

The growing role of AI in innovation raises complex legal questions. For instance, if an AI system contributes to an invention at the same level as a human inventor, does current patent law permit the invention to be patented? Should AI systems be named as inventors on patent applications? Moreover, should applicants be required to disclose the nature and extent of AI contributions to their inventions?

These inquiries are central to the USPTO’s recent request for public comments on AI and inventorship. The agency has been exploring these issues for several years, acknowledging the increasing prevalence of AI in patent filings.

Data analyzed by the USPTO reveals that in 2020, approximately 80,000 utility patent applications involved AI technologies—a 150% increase since 2002. AI-related innovations now constitute 18% of all utility patent applications and appear in over half of the technologies examined by the USPTO. This trend underscores AI’s pervasive influence across all sectors and geographic regions.

AI’s potential benefits are vast, ranging from accelerating drug discovery to addressing climate change challenges. However, the technology also presents risks and uncertainties that require careful consideration.

The USPTO emphasizes the importance of a balanced approach that encourages innovation while preventing the undue monopolization of advances that AI can readily uncover. Public input will help the agency refine its policies to ensure they remain effective in the evolving technological landscape.

To facilitate dialogue, the USPTO is hosting listening sessions on April 25 at its headquarters in Alexandria, Virginia, and on May 8 at Stanford University. Both events offer in-person and virtual attendance options, with recordings to be made available afterward. Additionally, the agency is planning a summer AI and Emerging Technologies Partnership event focused on the responsible use of AI tools within the USPTO.

Stakeholders and interested parties are encouraged to participate in these sessions and submit comments by May 15. The feedback gathered will inform the USPTO’s ongoing work on AI and emerging technology policies and contribute to the broader U.S. government’s approach to these critical issues.