Artificial intelligence is revolutionizing industries, but things get tricky when it comes to ownership of AI-generated work. At a recent KU Innovation Park lunch and learn, patent attorney Tom Luebbering shared what entrepreneurs and inventors should understand about AI and intellectual property.
AI can’t be an inventor.
The U.S. Patent and Trademark Office (USPTO) has made it clear that only humans can be listed as inventors of patents. If AI helped create your innovation, but you didn’t significantly contribute to the idea, you likely don’t own it. That means businesses relying heavily on AI for R&D should carefully document human involvement.
Prompts aren’t patents.
Asking AI to “invent” something doesn’t make you the inventor. If you simply enter a prompt and AI spits out a new idea, you can’t patent it. However, if you originate the concept and use AI as a tool to refine or optimize it, you may still qualify for patent protection. The line is thin, so keeping clear records of your creative input is key.
Hear an example from patent attorney Tom Luebbering about a company that listed AI in a patent application and what happened.
Legal traps are waiting.
Even if the USPTO isn’t asking about AI’s role in your invention, that doesn’t mean you’re in the clear. If you ever need to enforce your patent in court, expect aggressive scrutiny over whether AI played too large a role. Transparent documentation from the start can prevent future legal headaches.
AI training data is murky territory.
Many AI models are trained using vast amounts of online data, often without clear permission from content owners. If your business relies on AI-generated work, be aware that underlying copyright issues may arise. You don’t want to build a product on data that’s later deemed improperly sourced.
The bottom line
AI is a powerful tool for innovation, but ownership and intellectual property rights remain grounded in human contribution. If you’re using AI in your business, now is the time to develop a strategy for tracking human vs. AI-generated work to avoid surprises down the road.
Additional resources
- AI-related resources from the U.S. Patent & Trademark Office
- Patent Data for AI Patent Analytics from LexisNexis
- Navigating patent eligibility for AI inventions after the USPTO’s AI guidance update by Reuters
- IP Rounds: Is AI My Co-Inventor? What Academic Researchers Need to Know by University of Maryland-Baltimore