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December 01, 2025
Cadwalader partner Danielle Tully was quoted in Law360’s coverage of new U.S. Patent and Trademark Office (“USPTO”) guidance clarifying that artificial intelligence does not receive special treatment in determining inventorship.
The USPTO’s update, which replaced earlier administrative guidance, reaffirms that only humans can be named inventors on U.S. patents, even when AI is used as a tool in the inventive process.
Danielle noted the guidance “gives companies permission to use AI in [research and development] without worrying that their inventions will be unpatentable,” adding that it “creates a little more certainty in the industry.” She also advised inventors to keep detailed records when using AI to meet that conception requirement in patent applications.
The USPTO’s stance aligns with prior court decisions barring AI inventorship, and further clarified that U.S. filings cannot claim priority to foreign patents naming AI as a sole inventor.
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