FBT Gibbons Partner William Morriss authored an article in World IP Review examining the U.S. Patent and Trademark Office’s (USPTO) newly issued 2025 AI Inventorship Guidance, which he notes marks a significant departure from its long‑standing patent inventorship principles. Morriss explains that while the revised framework could make it easier for applicants to establish inventorship in AI‑assisted innovations, it also introduces a potential conflict with established federal court precedent, creating uncertainty for patent owners.
“While making it easier to establish inventorship, [the new guidance] does not change the standard used by the courts, and could render patents for AI‑assisted inventions vulnerable to invalidation,” he writes.
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