The agency offers a practical test with examples for determining patentability of AI-assisted inventions that is grounded in feedback from stakeholders.

In its continuing effort to respond to President Biden’s AI-related directives and provide clarity to stakeholders and personnel on AI issues, on February 13, 2024, the US Patent and Trademark Office (USPTO) released detailed guidance on “how to determine whether the human contribution to an innovation is significant enough to qualify for a patent when AI also contributed” (Guidance). Although further refinement will be needed, the Guidance is critically important, as AI systems, including generative AI, are becoming ever more prominent in the inventive process.