Bradley partner A.J. Bahou was quoted in Law360 on the USPTO’s guidance on artificial intelligence (AI) and patents.
Since the USPTO has said that AI can't be a sole inventor because it isn't human, the office could potentially decide that any invention developed with AI's assistance can't be patented. However, that would be ill-advised, explained Bahou.
"If you completely took out the whole body of potential inventions with AI-created technology, you're saying that now and for a significant amount of time, you're not going to be able to protect it," he said. "That limits the amount of people willing to invest research and development dollars in those fields."
Bahou’s opinion is that AI should be treated as any other tool used in the process of developing an invention, and that if a person is involved in some capacity, the use of AI shouldn't be a hindrance to securing a patent.
The full article, “What Attys Expect From USPTO Guidance On AI And Patents,” was published by Law360 on November 7, 2023.