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AI-Assisted Inventions: Human Inventorship And USPTO Disclosure Duties
Quick Answer: AI-assisted inventions use the same U.S. inventorship standard as other inventions, with only human beings eligible as inventors. Technology companies should document each person's conception of the claimed invention before drafting claims and approving inventor declarations. The USPTO imposes no general AI-use disclosure duty, but information material to patentability can still require disclosure. [2] Patent counsel should assess inventorship, disclosure, and eligibility separately before the company commits to a filing strategy.
Novak Druce Carroll