Back in February 2024, the U.S. Copyright Office made headlines again by reiterating that anything created entirely by AI isn’t eligible for copyright protection.
Around the same time, the USPTO chimed in with its own reminder that only human beings can be named as inventors on a patent.
Now, that might sound obvious—until you realize how deeply AI has embedded itself into the innovation process.
Brainstorming, managing innovation, AI in IP, drug formulas, designing parts, optimizing code—you name it—AI-first approach is already there!
So if your team is using AI, too, to accelerate innovation (and honestly, which innovation leading company and team isn’t?), now’s the time to get intentional.
And it’s time to ask: Is your innovation AI-generated or is it an AI-assisted invention?
What’s the Difference?
This is where it all becomes cloudy–knowing about the clear difference between an AI-assisted invention and an AI-generated one.
We have tried to explain it shortly with real-world references. Read on!
AI-Assisted Invention
This is the sweet spot where humans drive innovation, and Responsible AI simply supports and augments the process.
Think of it like a supercharged calculator, research buddy, or creative prompt generator. Or, as we, at InspireIP, call it – Inventor Assistant.
Here the human prompts the system, consistently, continuously, and rigorously. The output is the brainchild of an inventor.
Say an engineer is designing a new wearable device in your organization.
She uses an AI brainstorming tool to work out different material combinations and stress-test outcomes.
The human team selects the final concept, interprets the results, and makes the engineering decisions—after the tool surfaces a few strong contenders.
What it means for IP:
- The humans are the inventors—because they did the real conceptual thinking with AI brainstorming.
- IP rights stay with the company or individuals, just like any other invention.
The most relevant example is Protein design at Insilico Medicine.
Insilico Medicine used an AI system to identify a novel molecule for treating idiopathic pulmonary fibrosis (IPF). The AI crunched through possible targets and drug candidates faster than humans ever could—but the final decision, design interpretation, and drug development process involved human scientists.
IP Status: Patents were filed with humans listed as inventors.
Why it counts: The AI accelerated discovery, but humans made the core inventive decisions.
In short: AI helped. But it didn’t invent.
AI-Generated Invention
In an AI-generated invention, the core inventive idea is created by AI with minimal to no human contribution at the concept level.
The human might prompt the system, but the output? That’s all machine!
Say a researcher in your organization enters a prompt into an AI model:
“Design a lightweight drone structure optimized for extreme wind resistance.”
The AI generates a novel structural design that the human didn’t previously conceive—and the human team moves forward with it.
What it means for IP:
- No human = no inventor.
- The patent could be denied or invalidated if it is found that no human actually conceived the invention.
This is what happened with DABUS.
Created by Dr. Stephen Thaler, it autonomously generated two inventions—a fractal beverage container and a neural flame detector.
Thaler filed patent applications naming DABUS as the sole inventor.
But the IP status was denied.
Most patent offices (including the USPTO, EPO, and UKIPO) rejected the applications, saying only humans can be inventors.
Read more: “Thaler v. Vidal” (US Court of Appeals, 2022)
This was the first legal test case around AI-generated invention—and it set precedent globally.
So even if AI came up with something groundbreaking… you might not be able to legally protect it.
Be Smart About Your IP: Actionable Tips
#1 Audit Your Use of AI in Innovation
This doesn’t need to be complicated. But make it a habit to pause and ask:
- All the stages where AI was used for innovation. Was it for ideation, design, problem-solving, or prototyping?
- What was actually invented by a human, and what came from the machine?
This simple step prevents major headaches during patent filing or litigation.
#2 Capture Inventive Contribution Clearly
This is one of the most overlooked areas. If you’re submitting invention disclosures, make sure you’re including:
- Which AI tools (or software) were used
- Who interpreted or modified the AI’s output
- What the actual inventive step was—and who made that decision
P.S. If you aren’t maintaining the invention disclosure flow, start right away.
#3 Stay Updated on Evolving IP Laws
This space is moving fast. And regulators are trying to catch up. For instance:
- In March 2024, the UK government decided not to allow AI systems to be named as inventors—after public consultations.
- In the U.S., the USPTO’s Public Advisory Committee is still holding listening sessions on how to handle AI in innovation.
The go-to rule:
Stay in sync with your legal team—or better, use a centralized invention tracking system so you can pivot quickly if rules change. What’s fine today might be a problem next year.
#4 Train Your Teams Early and Often
Most innovators and inventors aren’t thinking about patents when they’re exploring an AI model. And that’s fair.
But the earlier they flag AI involvement, the easier it is to document ownership later.
Here’s what’s works for us:
- Quick lunch-and-learn sessions on IP risks with generative tools
- Simple checklists like: “Used AI? Flag it in the form.”
- Encouraging early disclosures, especially with ChatGPT, GitHub Copilot, tools
You don’t need a legal background to flag potential red flags. You just need the right habits and tools.
Why Doing All This Matters?
We get it—tracking AI involvement, tagging inventors, documenting contributions sounds like extra paperwork.
But it’s not just compliance. It’s protection.
We’re in a moment where the rules around AI in IP are still being written.
And that uncertainty? It’s risky.
We see teams invest months into R&D and get stuck in legal limbo. All because they couldn’t prove who the real inventor. Or worse, they accidentally invalidated their own patent by using AI without documentation.
This is why:
Protect What’s Yours
You’ve invested time, talent, and budget into building something new. So, you must be able to prove who made what. Especially with generative AI.
Courts don’t care if the invention is cool. They care if it’s legally attributable to a human. It needs to be AI-assisted invention, not generated.
Strengthen Your Patent Applications
A strong invention disclosure makes a strong patent. Period.
Invest in a state-of-the-art invention disclosure software to take care of all your early IP phases.
Be Litigation-Ready
If your idea is valuable, someone might try to challenge it.
And when they do, the question of inventorship will be front and center.
Trust us, it’s a terrible feeling scrambling for proof months (or years) later. Having clear records from Day 1 can make or break your case.
TL;DR
Doing the work now means:
- You keep ownership of your ideas
- Your patents are stronger
- You stay compliant
Honestly? That’s worth the effort.
Final Word: Use AI. Just Use It Wisely.
If there’s one takeaway from all of this, it’s this: AI is a tool. Not the inventor.
And like any tool, how we use it—and how we document that use—makes all the difference when it comes to IP rights.
We’re all for pushing boundaries with AI-assisted invention. It’s helping us explore materials faster, optimize designs smarter, and even ideate solutions we might’ve missed on our own.
But as innovators, we also carry a responsibility: Using AI wisely, transparently, and with a clear understanding.
If you’re serious about protecting what you build, it’s worth leaning into innovation-first platforms. Ones that are actually for invention disclosure, IP rights, and responsible AI usage. Simply put, tools designed with IP in mind.
Responsible innovation isn’t about avoiding AI. It’s about choosing tools that empower your team without risking ownership.
So, if you want to innovate with confidence, schedule a 30-minute call with us.
