Artificial Intelligence (AI) is no longer just a supporting tool—it is actively contributing to breakthroughs in science, technology, and industry. But as AI starts “inventing,” a critical legal question emerges: Who owns an invention created by a machine?

This debate has become central to intellectual property (IP) law, and businesses investing in AI-driven R&D must understand the implications. At IP Brigade, we specialize in protecting innovations in evolving landscapes, including those powered by AI.

Current Legal Position: Humans, Not Machines

Patent offices worldwide are clear: AI systems cannot be named as inventors under existing laws.

• In the U.S., the Federal Circuit ruled in Thaler v. Vidal that only “natural persons” qualify as inventors under the Patent Act. (Read more on USPTO AI guidance)
• The European Patent Office (EPO) and the UK Intellectual Property Office (UKIPO) have also rejected applications naming AI (such as “DABUS”) as inventors. (WIPO AI policy)
  
  

This means patents must still list a human as the inventor, even if AI played a major role.

The Standard: “Significant Human Contribution”

The USPTO’s 2024 Inventorship Guidance for AI-Assisted Inventions clarifies that inventions assisted by AI are patentable if a human made a significant contribution.

Key considerations:

• A human who curates data, modifies algorithms, or interprets AI outputs may qualify as an inventor.
• Simply owning the AI, setting broad goals, or pressing “run” does not qualify.
  
  This ensures accountability while still allowing AI-powered innovation to be protected. (Reuters coverage)

Why It Matters for Businesses

Clear inventorship isn’t just a legal technicality—it directly impacts ROI.

Without proper patent protection, businesses risk:

• Losing exclusivity: AI-only inventions may fall into the public domain.
• Weak investor confidence: Lack of enforceable rights undermines funding.
• Ownership disputes: Between AI developers, data curators, and end-users.

According to the USPTO, IP-intensive industries contribute over 41% of U.S. GDP. Protecting AI innovation is essential to remain competitive.

How to Protect AI-Assisted Inventions

At IP Brigade, we guide innovators through this evolving space with comprehensive solutions:

1. Document Human Contributions

Keep detailed records of human involvement in AI development, training, and output interpretation.

2. Conduct Patentability Searches

Before filing, ensure novelty with our Patentability Search service.

3. Ensure Compliance in Drawings

USPTO-compliant illustrations strengthen applications. Our Utility Patent Drawings and Design Patent Drawings services eliminate risk of rejection.

4. Respond to Office Actions Effectively

Rejections are common in AI-related patents. With our US Office Action Response support, you can overcome obstacles.

5. Build a Broader IP Strategy

Some AI outcomes may be better protected as trade secrets or copyrighted works. Our IP Strategy Services help tailor the right approach.

Looking Ahead: The Future of AI Inventorship

While today’s laws require human inventorship, the debate is far from over.

• The Artificial Inventor Project advocates for AI recognition. (More on Wikipedia)
• The USPTO and WIPO are actively studying AI’s role in innovation policy.

International harmonization may eventually reshape IP law, but until then, businesses must plan within existing frameworks.

Why Partner with IP Brigade?

We understand the complexity of merging AI with intellectual property. Our team ensures your innovations are secured with:

• Expert patent drawings – Utility, Design, and Trademark Drawings.
• Thorough searches – Patentability, Patent Invalidity.
• Proven strategies – Full-service IP support for individuals, startups, and enterprises.

Contact us today via our Contact Page and let’s secure your AI-powered inventions.

Conclusion

The rule is clear: AI cannot be an inventor—yet.

However, with proper documentation and expert guidance, AI-assisted inventions can absolutely be protected. At IP Brigade, we help innovators navigate this evolving legal landscape and turn groundbreaking AI ideas into enforceable, valuable IP assets.

Protect your next big AI innovation with IP Brigade.