Check which natural persons are named as inventors on an AI-assisted application
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each person named on the draft and each contribution described in the invention record. Write no oath and name no inventor.
- What the lawyer must review
- You decide who is named. The USPTO's revised inventorship guidance of 28 November 2025: only natural persons can be inventors, an AI system cannot be named as an inventor or joint inventor, and the February 2024 inventorship guidance is rescinded. 35 U.S.C. § 115 requires the application to name the inventor and, except as provided, each inventor to execute an oath or declaration. A willful false statement in that declaration is punishable under 18 U.S.C. § 1001. The April 2024 AI guidance: if AI use is material to patentability, including evidence that a named inventor did not contribute because an AI system did, it is disclosed under 37 CFR § 1.56.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| PTO/AIA/14 application data sheet for a utility or design application | Form | AI use Yellow | Link to application data sheet PTO/AIA/14. |
| PTO/AIA/01 inventor declaration for a utility or design application | Form | AI use Red | Link to PTO/AIA/01, the inventor's declaration under 37 CFR 1.63 for a utility or design application that uses an application data sheet. |
Signed-in accounts can read the full text of each one. All precedents.