AI-Assisted Patenting in 2026: Inventorship, Patentability, Prosecution and Post-Grant Strategy

Sterne Kessler Directors Michelle Holoubek and Lestin Kenton will present the webinar “AI-Assisted Patenting in 2026: Inventorship, Patentability, Prosecution and Post-Grant Strategy,” hosted by myLawCLE.

Webinar Overview

Artificial intelligence is changing not only what gets invented, but also how patent attorneys must evaluate inventorship, patentability, disclosure, prior art, prosecution strategy, and post-grant risk. The USPTO’s revised November 2025 guidance confirms that AI systems cannot be named as inventors and that the traditional human-inventorship standard continues to govern AI-assisted inventions.

At the same time, the USPTO has expanded its AI-related examination resources and updated its subject-matter-eligibility practices, creating new strategic considerations for practitioners handling software, AI, and other emerging technologies. Decisions made at the invention-disclosure and prosecution stages now echo years later, when the same records, positions, and claims are tested in contested proceedings.

This two-session program examines the practical patent-law consequences of AI-assisted innovation from invention disclosure through PTAB and Federal Circuit proceedings. Attendees will learn how to evaluate human contributions to AI-assisted inventions, build a defensible prosecution record, address §101 and prior-art issues, and anticipate how AI-related patentability decisions can affect later validity challenges.