USPTO AI Inventorship Guidance
USPTO Inventorship Guidance for AI-Assisted Inventions (RESCINDED Nov 2025; entry retained as effective historical)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 Reg. 10043 (Feb. 13, 2024) — rescinded Nov. 28, 2025
- Status
- Repealed / replaced
- Took effect
- February 13, 2024
- Applies to
- Patent applicants (was)
- Enforced by
- USPTO
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 Rescinded November 28, 2025 and replaced by 2025 successor guidance.
Who is protected: Inventors and the patent system
Legal 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 Rescinded Nov. 28, 2025.
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Enacted | February 13, 2024 |
| Citation | 89 Fed. Reg. 10043 (Feb. 13, 2024) — rescinded Nov. 28, 2025 |
| Private right of action | No, agency enforcement only |
| Topics | copyright and training data |
| Agency page | Inventorship Guidance for AI-Assisted Inventions — Federal Register |
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