It is May 2, 2026. A landmark Supreme Court decision earlier this year clarified that while AI cannot be an “inventor,” a human using AI can patent the resulting output if they demonstrate “significant contribution.”
- The Documentation Trail: LLCs must maintain a “Prompt Log” and “Iteration History” to prove human-led innovation during the R&D phase.
- The First-to-File Rule: With AI accelerating development, the window to file a provisional patent has shrunk from months to days.
- The Shark Insight: “In 2026, if you can’t prove a human was ‘driving’ the AI, your software is public domain. Protect your LLC’s valuation by formalizing your ‘Prompt Engineering’ as part of your trade secret or patent strategy today.”