USPTO says that AI models can't hold patents, only human beings can

The United States Patent and Trademark Office (USPTO) has pushed out new guidance on inventorship for AI-powered inventions, stating that only humans can hold patents.

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The USPTO said that AI systems can help out during the creative process, but only natural persons (human beings) who make significant contributions to the conception of an invention can be named as inventors. This means that AI models can't just pump out patent ideas without considerable human input, stopping patent hoarding by AIs.

An AI model can't be named as an inventor, or even a joint inventor, on a patent. But, an AI helping out in the creation of that invention doesn't mean that the human being working on it can't hold the patent. The USPTO explains: "While AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person(s) does not preclude a natural person(s) from qualifying as an inventor (or joint inventors) if the natural person(s) significantly contributed to the claimed invention".

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The organization says that significant human input is required if they want a patent at the end, with the USPTO adding: "Maintaining 'intellectual domination' over an AI system does not, on its own, make a person an inventor of any inventions created through the use of the AI system".

The US Copyright Office recently stated -- and agreed upon by a judge -- that an AI model cannot own a copyright for a piece of media that requires substantial human contributions to receive copyright protection.