AI can assist in inventing but not be recognized as an inventor

The US government has taken a clear stance on who owns an idea when it comes to AI. The US Patent and Trademark Office (USPTO) has issued new guidance, asserting that AI tools – like ChatGPT, image generators, or programming assistants – are merely aids.

These systems are legally no different than microscopes, databases, or software. They help you produce results, but they are not the 'inventors' themselves, according to USPTO Director John Squires.

The key rule is simple: Only humans can be inventors.
Even if an AI suggests an idea or sketches a design, a human must be the one who 'conceived' the invention to qualify for a patent. You also can't list an AI as a co-inventor on the application.

This marks a change from the previous administration, when the USPTO used a 'joint invention' standard for AI-powered products. Now, things are simplified: there is just one standard, and AI is not allowed a seat at the table.

AI is everywhere in innovation: from drug discovery to component design to process simulation and optimization. Without clear regulation, researchers and businesses will have no idea whether what they create will be protected by law.

For anyone with a big idea in mind, the new US government regulation is good news:

1. Human idea + AI-powered = Patentable. (You own it.)
2. Ideas generated by AI without human intellectual contribution = No patent. (No one owns it).

If you're an inventor or startup owner, here's an important reminder: document your ideation process thoroughly. You need to demonstrate that the initial 'spark' came from a person, not just a prompt.

For most of us, this is a reminder that no matter how smart AI gets, the law still sees it as a 'good hammer', not a craftsman.

While the USPTO has taken a stance, the story is certainly not over. Courts have already ruled that AI cannot be patented, but the 'gray area' – where AI does 80–90% of the work – is still unclear.

As AI becomes better at reasoning on its own and suggesting complex solutions, more lawsuits are sure to emerge. The big question over the next few years will be: does the definition of 'tool' still apply, or will patent law need to change to recognize a form of machine creativity?

Isabella Humphrey

Update 08 December 2025