USPTO Inventorship Guidance for AI-Assisted Inventions (RESCINDED Nov 2025; entry retained as effective historical)
United States · 89 Fed. Reg. 10043 (Feb. 13, 2024) — rescinded Nov. 28, 2025
USPTO guidance confirming AI-assisted inventions are patentable but inventorship analysis focuses on significant human contributions (Pannu factors). Rescinded November 28, 2025 and replaced by 2025 successor guidance.
Technical detail
89 FR 10043: confirms that an invention created with AI assistance can be patentable if a natural person made a 'significant contribution' under the Pannu/CCS factors. Provides examples and gives examiners and applicants a framework for assessing AI-assisted inventions. Rescinded Nov. 28, 2025.
Who is protected: Inventors and the patent system
Who must comply: Patent applicants (was)
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | Repealed / replaced |
| Protection strength | Unknown |
| Effective date | 2024-02-13 |
| Enacted | 2024-02-13 |
| Citation | 89 Fed. Reg. 10043 (Feb. 13, 2024) — rescinded Nov. 28, 2025 |
| Enforced by | USPTO |
| Private right of action | No — agency enforcement only |
| Topics | copyright and training data |
| Last verified | 2026-06-16 |
| Official source | Inventorship Guidance for AI-Assisted Inventions — Federal Register ↗ |
More AI rules in United States
- Trump AI Innovation & Security EO (June 2026) · In effect
- FERC order directing PJM and other grid operators to reform · Enacted (not yet in effect)
- Chatrie v. United States (Fourth Amendment protection for lo · Blocked / in litigation
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- NAIC AI Evaluation Tool Pilot (12 states, 2026) · Proposed / pending
- FTC Proposed Policy Statement — AI Accuracy (July 2026) · Proposed / pending
Related copyright and training data rules elsewhere
- NYT v. OpenAI / Microsoft · Blocked / in litigation
- Authors Guild v. OpenAI · Blocked / in litigation
- Tremblay v. OpenAI · Blocked / in litigation
- Silverman v. OpenAI · Blocked / in litigation
- Kadrey v. Meta · Blocked / in litigation
- Chabon v. OpenAI · Blocked / in litigation
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