USPTO Seeks Comments on AI Patent Issues

Written August 28, 2019

The US Patent and Trademark Office on August 27, 2019, issued a Federal Register Notice requesting comments on artificial intelligence patent issues. 84 Fed. Reg. 44889.

According to the Federal Register Notice, the USPTO is gathering information on AI patent policy issues for purposes of evaluating whether further guidance is needed and also informing the development of any such guidance.

Questions the public is invited to reply to include: Do current patent laws and regulations regarding inventorship need to be revised to take into account inventions where an entity or entities other than a natural person contributed to the conception of an AI invention or any other invention? Are there any patent eligibility considerations unique to AI inventions? Does AI impact the level of a person of ordinary skill in the art?

In addition to patents, the USPTO will examine the full spectrum of intellectual property policy issues that have arisen, or may arise, as AI technologies become more advanced.