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Artificial Intelligence and Patent Law (CRS Report for Congress)

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Release Date Dec. 12, 2024
Report Number LSB11251
Report Type Legal Sidebar
Authors Kevin J. Hickey; Christopher T. Zirpoli
Source Agency Congressional Research Service
Summary:

Advances in artificial intelligence (AI) have raised novel questions for U.S. patent law, just as AI has raised concerns in other branches of intellectual property law, including copyrights and the right of publicity. Committees of both the House and Senate have expressed interest in these issues. In 2024, the U.S. Patent and Trademark Office (USPTO) issued separate guidance documents addressing (1) whether inventions made using AI are patentable and (2) whether inventions about AI (i.e., new AI technologies) are patentable. This Legal Sidebar provides an overview of how USPTO guidance and case law have addressed both of these issues, differing stakeholder perspectives, and potential options for Congress.