AI and Inventorship: How Generative AI is Shaping the Future of Innovation and Patents

The rise of generative artificial intelligence (AI) has had a profound impact across industries, from technology to creative fields. AI systems capable of generating computer code, writing news articles, and producing professional-grade graphics have spurred widespread debates about whether they will replace jobs in sectors like technology, journalism, and design, among others.

Alongside these discussions about job displacement, another important question arises: In the age of AI, what does it mean to be an inventor?

For technologists building digital tools or developing software, incorporating AI into the design and development process has become increasingly common. However, as deep learning models continue to evolve and show their capabilities, even highly skilled researchers using AI in their work have started to worry about their own obsolescence.

While debates continue on whether AI can enhance human creativity, emerging data suggests that AI could indeed play a significant role in boosting research and development, especially where creativity is vital. A recent study by Aidan Toner-Rodgers, an economics doctoral student at MIT, found that scientists who utilized AI tools increased their patent filings by 39% and produced 17% more prototypes compared to when they worked without such tools.

Despite these positive findings, the study also revealed a downside: 82% of researchers reported feeling less satisfied with their jobs after integrating AI into their workflows. One researcher expressed disillusionment, saying, “I couldn’t help feeling that much of my education is now worthless.”

This shift in the research environment leads to another critical question: If a scientist uses AI to create something new, does that still count as an invention? From a legal standpoint, this question raises important implications for technology and intellectual property law.

In 2020, the United States Patent and Trademark Office (USPTO) denied the AI system DABUS the status of inventor on patent applications, despite DABUS allegedly designing a food container and a flashing emergency beacon. Subsequent court rulings clarified that under U.S. law, only living person i.e. humans, can be listed as inventors. However, these rulings left open the question of whether inventions developed with the assistance of AI can still qualify for patent protection.

The concept of inventorship and the legal protections granted to inventions are deeply rooted in U.S. law. The U.S. Constitution grants authors and inventors “exclusive rights” to their “respective writings and discoveries,” reflecting the founders’ strong belief that the government should safeguard and promote original ideas.

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