The USPTO has issued guidance on “AI-assisted inventions”. The “Inventorship Guidance for AI-Assisted Inventions” states that, “a natural person must have significantly contributed to each claim in a patent application or patent”.
The commentary states that examples in the Guidance,
show that merely recognizing a problem and presenting that problem to an AI system is not enough to establish someone as an inventor. That said, if an individual made a signification contribution through the construction of a prompt, that could be sufficient. However, maintaining “intellectual domination” over an AI system, does not, without more, make a person an inventor of any inventions created through that AI system.