USPTO Guidance: AI is Merely a Tool; Inventors Must Be Human

The United States Patent and Trademark Office (USPTO) released new guidance on November 28, 2025. This guidance clarifies who can be an inventor for AI-assisted inventions

1.          Only natural persons (humans) can be listed as inventors.

2.          AI is treated as a tool, akin to laboratory equipment, and cannot be a co-inventor.

3.          The same standards apply to utility patents, design patents, and plant patents.

4.          Patent applications listing AI systems as inventors will be rejected under relevant patent laws.

This guidance delineates AI's role in the invention process and underscores the necessity of human inventorship in patent applications. Regeasy.hk supports this stance, as human creativity forms the foundation of patents, with AI serving as an extension of human ingenuity.

While the USPTO provides clear guidance, patent laws vary by jurisdiction. Mainland China has solicited opinions on related copyright regulations, and Hong Kong conducted a public consultation on copyright and AI in 2024. Current Hong Kong patent laws do not address AI as inventors, referring only to "a person" as the inventor.

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