“How Agentic AI is Testing the Limits of Patent Law”

In an article published by Law360, Marshall Gerstein Partner and patent attorney Matt Carey analyzed recent activity involving artificial intelligence and how intellectual property is granted. A ruling out of Switzerland earlier this summer reaffirmed that human inventorship is critical for patent examination, despite AI-related patent filings surging by more than 50% over the last year.

Matt explains, “The juxtaposition is stark: The law is holding fast to human-only inventorship rules, even as the technology producing patent-worthy ideas is becoming increasingly autonomous.”

Matt describes agentic AI and its impact, and explains gaps in the law that haven’t caught up to this emerging technology. He advises patent applicants on how to move forward while the law is debated: “act as though the human-centric rules will remain in place for the foreseeable future.”

Read his complete column here.