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Intellectual Property,
Technology

May 22, 2024

USPTO digs into DNA of inventions to determine whether originator is human enough to hold patent

Commenters fault USPTO rules for providing inadequate guidance to inventors using Generative-AI.

Anita Taff-Rice

Founder, iCommLaw

Technology and telecommunications

1547 Palos Verdes Mall # 298
Walnut Creek , CA 94597-2228

Phone: (415) 699-7885

Email: anita@icommlaw.com

iCommLaw(r) is a Bay Area firm specializing in technology, telecommunications and cybersecurity matters.

Shutterstock

A broad range of companies, associations and think tanks support the commonsense idea that a human may use tools to create patentable inventions. But if the tool is Generative AI, recent guidance published by the US Patent and Trade Office pushes inventors into a murky process of proving the invention has enough human contribution to qualify for patent protection.

Public comments on the USPTO guidance filed earlier this month all supported...

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