USPTO Director Squires released updated guidance on AI-assisted inventions. The new guidance states that AI-assisted inventions are subject to the same legal standard for determining inventorship as any other invention. Notably, the guidance rescinds the previous guidance, which applied the Pannu factors for determining inventorship, treating AI as an unnamed joint inventor. The new guidance should simplify the analysis in determining when a natural person has created an invention with assistance from AI.
There is no separate or modified [inventorship]
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standard for AI-assisted inventions.
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