AI and Patent Strategy: Protecting Innovation in the Generative Era

USPTO guidance and court decisions reshape AI patentability

Sterling & Ghold's team of experienced practitioners brings decades of specialized expertise to every matter, combining deep industry knowledge with practical commercial judgment. Our lawyers work seamlessly across offices and practice groups to deliver integrated advice that addresses the full scope of our clients' objectives.

The rapid deployment of generative AI has created urgent patent strategy questions for technology companies. Can AI-assisted inventions be patented? Who qualifies as the inventor? How should companies disclose AI's role in the innovation process? Recent USPTO guidance and early district court decisions provide a framework—but one that continues to evolve.

Sterling & Ghold's team of experienced practitioners brings decades of specialized expertise to every matter, combining deep industry knowledge with practical commercial judgment. Our lawyers work seamlessly across offices and practice groups to deliver integrated advice that addresses the full scope of our clients' objectives.

We advise clients to develop AI-invention documentation policies now, before significant patent portfolios are built on AI-assisted innovations that may face inventorship challenges. We also counsel on the competitive landscape for AI patent licensing and the emerging front of AI-related trade secret disputes.