The U.S. Patent and Trademark Office has rescinded its February 2024 guidance on AI inventorship, which was issued under the previous USPTO administration. In its place, the agency has published new guidance that changes how AI systems should be treated in patent proceedings.
The new guidance emphasizes that the Pannu factors for joint inventorship do not apply in the context of an AI. That marks a clear departure from the prior framework, which had been the subject of debate over whether AI could be credited as a joint inventor.
The move also signals a shift away from the approach associated with former Director Vidal, whose tenure saw the earlier guidance. By rescinding it, the USPTO is resetting its policy on AI's role in the inventorship process.