How to Patent an Invention Developed with AI

How to Patent an Invention Developed with AI

As artificial intelligence becomes more integrated into the innovation process, many inventors and companies are asking: "Can I patent something that was created—at least in part—by AI?"

Can You Patent an AI-Generated Invention?

The answer depends on your jurisdiction and the role of the AI.

Current Legal Position

• **United States**: Only human inventors can be listed. The USPTO has ruled that AI systems cannot be inventors.
• **Europe (EPO)**: Same position—AI cannot be named as an inventor.
• **Australia**: Initially allowed AI inventors, but this was overturned on appeal.

Key Considerations

If you're working with or using AI to develop your invention:

• A human must be responsible for directing or refining the AI's output.
• The human must contribute meaningfully to the inventive concept.
• The invention must meet standard patent criteria: novelty, non-obviousness, and utility.

Examples of AI-Assisted Inventions

• Using AI to design a new drug compound, with human researchers verifying and selecting the final result.
• An engineer training a neural network to improve a hardware design and applying expert judgment to implement it.

What Should You Include in Your Application?

• Clearly explain the role of the AI in the invention process.
• Identify the human inventor(s) who directed, supervised, or interpreted the AI's output.
• Describe any proprietary AI models or training datasets used (if relevant to the inventive step).

Should You Patent the AI Tool Itself?

You may be able to patent:

• The structure of a novel machine learning model
• A new training method or optimization technique
• Unique use of AI in a specific technical application

Related Articles

• Can I Patent an AI-Generated Idea?
• How to Patent an Algorithm
• Provisional vs Utility Patent
• Patent Eligibility for Software