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Oklahoma Patent Attorney Randy McCarthy for CNN - Only real people can patent inventions — not AI — US government says

February 2024


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The inventorship guidelines will help everyone understand the boundaries of patent protections as AI is increasingly used in the inventive process. That may resolve some of the uncertainties that could otherwise slow the development and use of AI, said Randy McCarthy, an attorney at the law firm Hall Estill.

It’s also consistent with how the US Copyright Office is approaching copyright protections in relation to AI, McCarthy added.

“Some sort of human agency is required, or no protection is available,” he said. “A practical result is that, when creating a new design, artwork, invention, novel, or even computer code, a human can use an AI-based system to assist in the creation of this content, but must make sure that they are sufficiently involved in the process.” READ MORE

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Founded in 1966 in Tulsa, Oklahoma, Hall Estill is a full-service law firm with clients ranging from Fortune 500 corporations to traditional family businesses, as well as nonprofit organizations, entrepreneurial start-ups and individuals. More than 150 legal professionals work in the firm at offices in Tulsa, Oklahoma City, Denver and Northwest Arkansas, assisting a diversified base of local, regional, national and international clients.

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