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USPTO's 2024 AI Guidance: What Founders Need to Know About Patenting AI-Assisted Inventions

InventGenie Team•8 min read
AI & Innovation
USPTO 2024 AI Guidance - Humans invent. AI assists.

Artificial Intelligence is changing the way we invent. From drug discovery to cybersecurity, AI tools are helping innovators move faster and smarter. But when it comes to protecting these breakthroughs, many founders ask the same question:

"Can I patent something if AI helped me invent it?"

The U.S. Patent and Trademark Office (USPTO) just answered. In September 2024, they released updated guidance on AI-assisted inventorship, the use of AI tools in patent practice, and subject matter eligibility for AI inventions. Here's what every innovator should know.

1. AI Can Help—But Only Humans Are Inventors

The USPTO reaffirmed that only natural persons can be named inventors. AI systems—no matter how advanced—cannot hold inventorship.

The good news: AI-assisted inventions are still patentable. As long as a human makes a "significant contribution" to the invention, the patent is valid.

The USPTO uses what are called the Pannu factors to decide this:

  • Did a human meaningfully contribute to the conception or reduction to practice?
  • Was that contribution more than trivial?
  • Did they go beyond just describing known ideas?

Tip for founders: Keep clear documentation of your role when using AI in the inventive process. This will be critical if questions arise later.

2. Using AI in the Patent Process: Allowed but Accountable

Patent attorneys and innovators are already using AI tools (including InventGenie) to:

  • Search prior art faster
  • Draft claims and disclosures
  • Analyze examiner behavior

The USPTO clarified: AI use is not prohibited. But responsibility still lies with humans. Every filing must be signed by a natural person, and practitioners must follow strict confidentiality and national security safeguards.

Tip for startups: If you use AI tools for drafting, make sure you understand where your data goes and how it's secured.

🔒 How InventGenie Protects Your Innovation

At InventGenie, we take this responsibility seriously. Unlike generic AI platforms, our system is built specifically for innovators:

  • ✅ Industry-standard encryption protects all your documents.
  • ✅ Your data is never used to train AI models. What you create stays private and secure.
  • ✅ Compliance-first workflows align with USPTO guidance, so your patent strategy stays audit-ready.

This means you can confidently use InventGenie without worrying about leaks, misuse, or hidden risks.

3. What Counts as Patent-Eligible AI Innovation?

The USPTO's 2024 update also gave three new examples of AI-related inventions that are patent-eligible:

  • AI for anomaly detection in networks (improving cybersecurity)
  • AI for speech separation (enhancing transcription and signal clarity)
  • AI-driven personalized medicine (tailoring treatments to patient risk profiles)

The key lesson: AI claims that show a clear technological improvement or tie to a specific application are more likely to be eligible.

Tip for innovators: Frame your AI invention as a practical improvement to tech or medicine—not just an algorithm.

4. Why This Matters for Innovators

For founders and R&D teams, this guidance means:

  • You can confidently use AI in the inventive process—just ensure humans' roles are well-documented.
  • You can adopt AI tools to speed up patent drafting—but you remain responsible for accuracy, ethics, and confidentiality.
  • You can structure AI-related claims more strategically, aligning with the USPTO's examples for stronger eligibility.

At InventGenie, we believe this is a turning point. AI isn't replacing inventors—it's empowering them. And with the USPTO's clarity, innovators can now harness AI tools while staying compliant and competitive.

✅ Final Takeaway

AI is here to stay in the inventive process. The USPTO's message is simple:

Humans invent. AI assists. Patents protect.

For startups, that's great news. With the right tools, you can move faster on innovation, stay aligned with the latest USPTO rules, and protect your ideas from day one.

For More Information:

Ready to Protect Your AI-Assisted Innovation?

At InventGenie, we're building AI-driven patent drafting workflows that follow USPTO standards while ensuring maximum security and confidentiality. With encryption at the core and a promise never to use your data for training, you can trust InventGenie to protect your most valuable asset: your innovation.

Learn more at InventGenie.com