Artificial intelligence (AI) is transforming how inventions are created and how innovators seek protection in the United States. John Squires, Director of the United States Patent and Trademark Office (USPTO) recently issued updated guidance on how AI-assisted inventions are treated for inventorship in patent applications. This change is one of the most important developments for companies, inventors, and patent lawyers working with AI technology.
What the New USPTO Guidance Says
In November 2025, the USPTO published a revised guidance document that rescinds prior AI inventorship guidance and replaces it with a new standard for AI-assisted inventions. The key points include:
- The previous guidance from February 2024 is withdrawn in full.
- The legal test for inventorship is the same for all inventions, whether or not AI was involved.
- Only natural persons (humans) can be named as inventors in a patent application. AI systems, no matter how advanced, cannot be inventors because they are not people.
- AI tools are treated like any other tool in the lab or office, such as software or research equipment. Using AI to assist with an invention does not change the legal test for inventorship.
This update aligns USPTO policy with existing Federal Circuit precedent that AI cannot legally be an inventor.
Why This Matters for Innovators
1. AI Doesn’t Change the Inventorship Test
When a human inventor uses AI, the focus remains on conception, which is the moment when the idea is fully formed in the human’s mind. In legal terms, conception is “the formation in
the mind of the inventor, of a definite and permanent idea of the complete and operative
invention, as it is hereafter to be applied in practice.” Conception is complete when “the
inventor has a specific, settled idea, a particular solution to the problem at hand, not just a
general goal or research plan.”
The question boils down to, can you describe the invention with sufficient particularity so that anyone with ordinary skill in that field could use your description to replicate the invention? Just using AI to help generate data, code, or design ideas does not, by itself, make AI an inventor.
This is consistent with how the USPTO and courts handle human invention assisted by tools in other technical areas.
2. Clear Rules Help Reduce Risk
Patent applicants must be careful not to list AI tools as inventors. If an application incorrectly lists an AI system or robot as an inventor, it will be rejected under U.S. patent law.
The USPTO guidance makes these rules clearer for patent attorneys and inventors, which helps reduce mistakes and delays in patent filings.
3. Human Inventors Still Drive Innovation
Even if AI performs many tasks, the USPTO’s rules focus on human contributions. As long as an inventor can show that a person conceived the invention with the help of AI, and that person understood all aspects of the idea, the application may proceed.
This guidance reflects the long-held view that innovation must be grounded in human creativity, even when AI plays a big role in development.
AI Patent Trends and Broader Context
AI inventions are one of the fastest-growing areas in U.S. patent filings. The USPTO’s Artificial Intelligence Patent Dataset shows that millions of past patents contain AI-related technology, and AI continues to spread across industries.
AI patent filings have been increasing sharply. Data from the industry shows a surge in generative AI and machine learning patents from major tech companies and research labs.
At the same time, the USPTO and its director have signaled that subject matter eligibility and examination of AI inventions will continue to evolve, with an emphasis on supporting innovation while maintaining clear legal standards.
Tips for Filing AI-Assisted Patent Applications
Here are some practical tips based on the new guidance and current patent law:
Document Human Contribution Clearly
Explain how each human inventor contributed to the conceptual invention. Simply listing AI output without human insight is not enough.
Do Not List AI as an Inventor
Only natural persons should be named on the inventor line of a patent application.
Prepare for Detailed Examination
Patent examiners may ask for additional information about how the invention was conceived and the role AI played in its development.
Work With Experienced Counsel
AI patent law is evolving. Legal counsel familiar with both patent law and AI technology, with a eye on the future, can help you navigate this landscape.
Conclusion
The USPTO’s 2025 AI inventorship guidance makes an important point clear for innovators: AI can assist, but humans remain the inventors under U.S. patent law. These updated rules help preserve legal clarity while letting inventors benefit from advances in artificial intelligence. If you are developing AI-assisted inventions, updating your patent strategy to reflect this new guidance will help you avoid mistakes and improve your chances of securing patent protection.
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