USPTO Decision—AI Systems Cannot Be Inventors

In a published decision, available here, the USPTO effectively banned artificial intelligence (AI) systems from being named as inventors on patent applications. The patent application at issue relates to an invention autonomously generated by an artificial intelligence system named DABUS. The Application Data Sheet listed DABUS as the sole inventor. Subsequent to filing, the USPTO issued a Notice to File Missing Parts because the patent application “does not list each inventor by his or her name.” The USPTO’s decision to not recognize artificial intelligence systems as inventors aligns with the EPO’s decision last year on the related European case which also listed DABUS as the sole inventor.

For more information on patenting AI inventions, please contact:

Chris Sappenfield

Jeff Leaning

Timothy Hsieh