USPTO Rules: AI Can't be an Inventor, Only Humans Allowed

The USPTO rules that AI cannot be listed as an inventor in patent applications.

The U.S. Patent and Trademark Office (USPTO) has issued a clear directive that artificial intelligence systems cannot be named as inventors on patent applications. The new guidelines, effective November 28, 2025, confirm that inventorship is strictly a human role, reinforcing the idea that AI systems are to be treated as auxiliary tools in the inventive process.

This decision comes as part of updated guidance which cancels the 2024 guidelines. It ensures that the legal definition of inventorship requires a substantial human intellectual contribution, which includes critical decisions and oversight tasks like interpreting AI output or customizing AI processes. This is consistent with traditional patent law principles, which mandate that a named inventor must have contributed creatively to the conception of the invention.

The USPTO’s stance aims to provide clarity, aligning with broader U.S. policy objectives outlined in documents such as Executive Order 14179. By maintaining clear human accountability in the patenting process, policies seek to keep inventorship unambiguous without hindering AI technological progress.

The Council for Innovation Promotion has supported this move, noting its consistency with court precedents such as Thaler v. Commissioner of Patents. This recent decision requires patent attorneys to rethink strategy for AI-related inventions, potentially changing how firms handle AI patents to ensure compliance with these new regulatory frameworks.

Yes, but: While some argue AI systems contribute creatively, legal standards necessitate human inventorship.

What's next: AI-related patent applications may increase as businesses adjust to comply with new guidelines.