Can AI Truly Invent? Unpacking the 2026 Patent Wars Over Machine Authorship in Generative Tools
Key Takeaways In late 2025, the U.S. Patent and Trademark Office (USPTO) decreed that only a "natural person" can be an inventor , legally classifying AI as a sophisticated tool and not a co-creator. This has ignited the "2026 Patent Wars" as generative AI now produces novel scientific breakthroughs, putting trillions of dollars in intellectual property at risk of being unpatentable. To secure a patent for an AI-assisted invention, innovators must meticulously document their own human contribution —the prompts, refinements, and key insights—to prove their role as the sole inventor. Picture this: you’re a scrappy biotech startup. You’ve just used a specialized generative AI to design a novel protein structure that could cure a rare disease. You rush to the patent office, only to have your application incinerated. Why? Because you can’t prove a “natural person” came up with the core idea . This isn’t a sci-fi plot; it’s the brutal reality of late 2025, and it...
