Can I Patent Something AI Helped Create?
Dear Will & AiME,
Our R&D team uses AI to help generate new product ideas. Can we patent something AI helped create?
— Innovator in Chicago
Dear Innovator in Chicago,
Patents protect new and useful inventions, but AI-generated inventions pose unique legal challenges. The key issue? U.S. patent law requires a human inventor. If AI was the sole creator, the invention may not be patentable under current laws.
What You Need to Know
To qualify for a patent, an invention must be:
Novel and non-obvious (not already known or an obvious modification).
Useful (serves a practical purpose).
Created by a human inventor (AI alone cannot be listed as the inventor).
Even if AI played a role, a human must have made a significant inventive contribution to qualify as the inventor. Simply overseeing AI or selecting an output may not be enough.
How to Protect AI-Assisted Inventions
To strengthen your patent rights:
Demonstrate Human Contribution
Ensure a human team member plays a role in creating, refining, or finalizing the AI-assisted invention.Document the Development Process
Keep records showing how human input shaped the final invention, from AI output to modifications and testing.Consider Trade Secret Protection
If patenting isn’t an option, trade secrets (keeping the invention confidential) may offer alternative protection.
AI is a powerful tool, but under current law, a human must be named as the inventor for a patent to be granted.
-Will & AiME
Three Takeaways:
AI-assisted inventions can be patented, but a human must be the named inventor.
Keep records of human contributions to strengthen patent eligibility.
Consider trade secrets if AI involvement makes patenting difficult.