AIPLA Comments to the USPTO on Artificial Intelligence and Inventorship

Written May 17, 2023

Arlington, VA. May 17, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office (USPTO) in response to their request for comments related to the Office’s inquiry on artificial intelligence (AI) and inventorship.

The comments reflect AIPLA’s belief that the current laws are generally equipped to handle AI’s influence on IP law and innovation. For example, in the case of Thaler v. Vidal, the comments suggest that AI, despite its advanced capabilities, should not be recognized as an inventor or joint inventor. AI should be regarded as a sophisticated tool assisting human innovation, analogous to any other instrument used in the creative process. The comments similarly oppose the imposition of a requirement for patent applicants to explicate AI’s contributions to innovation due to the potential for inconsistencies it might create the additional burdens it might place on applicants, and the risk it poses of shifting focus from human inventiveness to the tools utilized.

Furthermore, the comments support the USPTO efforts to incentivize AI-enabled innovation, but the focus should not be on recognizing AI as an inventor, rather on streamlining the application process, clarifying guidelines, and supporting pertinent research. The comments urge the USPTO to encourage responsible AI innovation at a general level through discourse with other relevant agencies and in alignment with the principles outlined in the Blueprint for an AI Bill of Rights and the AI Risk Management Framework.


To view the complete comments, please download the comment letter posted to the right of this page.