On 18th September, 2025, our European Patent Attorneys Jurga Petniūnaitė and Elena Armalytė  dived into exploring the topic of “Inventing with AI: navigating the risk of being called a liar” at the Life Sciences Baltics 2025 conference.

The Challenge: AI as Inventor

Across the globe, innovators are using AI to accelerate breakthroughs in biotechnology, pharmaceuticals, and other cutting-edge fields. Yet patent law remains clear: only a human can be named as inventor and get a patent.

The high-profile DABUS case, where an inventorship was claimed for AI system, was rejected by almost all major patent offices (European Patent Office, US, UK, Japan, Australia, Canada, and others). The only exception? South Africa.

Risks for Innovators

J. Petniūnaitė and E. Armalytė highlighted several risks when filing patents for AI-using inventions:

– Inventorship challenges – Misidentifying inventors can lead to loss of IP rights;
– Accusations of dishonesty – If AI contributions are not disclosed properly;
– Innovation slowdowns – Fear and uncertainty may discourage patent filings.

What Counts as a “Significant Human Contribution”?

According to recent U.S. Inventorship Guidance for AI-Assisted Inventions, patents remain possible for AI-using inventions — but only when humans contribute significantly. Examples include:

– Designing prompts to solve a narrowly defined drug discovery problem;
– Fine-tuning AI models for disease-specific outputs;
– Modifying AI-suggested molecules to achieve viable compounds;
– Testing AI-generated compounds in preclinical models.

By contrast, simply owning an AI platform, running routine synthesis, or giving broad instructions like “optimize this target” are not sufficient to qualify as inventorship.

Practical Guidance for Innovators

To secure strong IP protection when working with AI, AAA Law recommends:

– Audit AI use at every stage of R&D;
– Document thoroughly — lab notebooks, prompts, design logs;
– Assess inventorship carefully before filing, especially in collaborations;
– Protect trade secrets when human contribution is insufficient;
– Train your team to recognize AI-assisted innovation.

Standing Your Ground in the Age of AI

The message from AAA Law is clear: AI can assist, but only humans invent. Strategic documentation and legal foresight are essential to ensure that AI-driven breakthroughs can still be protected under today’s patent laws.

“Look at the human-AI interaction strategically. Get it wrong, and it can cost you a patent,” emphasized Elena Armalytė during the session.

About AAA Law

AAA Law is a leading Baltic intellectual property and business law firm with more than 30 years of experience. Our hybrid team of patent attorneys and lawyers partners with clients worldwide to protect innovation in life sciences, technology, and beyond.

Need guidance? Register for a free consultation on protecting your AI-assisted inventions here.