The USPTO does not ban AI-assisted development. It bans listing AI as an inventor and granting patents on ideas that were already public or obvious. Patent PreCheck scores your actual source against a corpus of real patents, rejections, and open-source prior art.
What the USPTO actually checks
- §101 / Alice — specific technical improvement, not routine automation
- §102 novelty — no identical public disclosure before your priority date
- §103 non-obviousness — skilled developers would not combine prior art to reach your solution
- Human inventorship — documented conception, not autopilot generation
What kills AI-code patent applications
- Thin prompts with no human design choices recorded
- Features already in public GitHub repos or papers
- Generic CRUD / dashboard patterns with no technical hook
- Listing only AI tools as inventors
Deep dive: Is AI-generated code patentable? (2026 guide)
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