Can Generative AI Claim Inventor Status? Unpacking the 2026 Legal Battles Over AI Authorship
Key Takeaways The Law is Clear (For Now): The US Patent and Trademark Office (USPTO) and global courts have firmly established that an inventor must be a "natural person." Current law treats AI as a sophisticated tool, not a creator, and patent applications listing AI as an inventor are rejected. 2026 is the Flashpoint: Exponential advances in AI capabilities are colliding with immense economic pressure from companies investing billions in AI-generated R&D. This will force a legal reckoning as the value of AI-created intellectual property becomes too large to ignore. Three Potential Futures: The coming legal battles could reinforce the human-only status quo, lead to the creation of a new "electronic personhood" for IP rights, or result in a completely new class of protection ( sui generis rights) specifically for AI-generated inventions. Just when it felt like the conversation was moving forward, the US Patent and Trademark Office (USPTO) reversed co...
