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In December 2025, Meta was granted U.S. Pat. No. 12,513,102 directed to an artificial intelligence (AI) system for simulating a user's social media activity “when the user takes a long break” or if the “user is deceased,” as stated in the patent.
Unlike static memorial pages or archived profiles, the system can generate new social media content in real time on behalf of an absent user. The system can, for example, respond to content posted by real people. For such interactions, the AI model is trained with that user's historical interaction data on and off social media. Historical interactions on the social media platform may include, for example, engaging or commenting on posts or pages, accessing or sharing content, communicating with another user, joining a group, creating an event, authorizing or using an external application, engaging in a transaction, or checking-in to physical locations. Historical interactions on external websites may include, for example, viewing a webpage accessed from the social media platform, engaging with advertisements, purchase history, and other shopping and buying patterns.
The patent does explicitly state that the system obtains permission from the user regarding what information can be used to train the AI model. As an example, the user may disallow messages sent to family members but allow messages sent to friends to be used as training data.
This patent fits squarely within a broader trend of the USPTO supporting and fostering AI innovation. In recent decision Ex parte Desjardins, Appeal 2024-000567 (Decided September 26, 2025), Director John A. Squires reinforced that claims directed to AI systems and tied to specific disclosed improvements may qualify as patent-eligible subject matter, spearheading this recent trend.
At the same time, the patent surfaces unresolved legal questions about post-mortem rights of publicity. Protection for name, image, and likeness after death is state-dependent, as there is no overarching federal protection. Thus, such protection remains limited and inconsistent, varying widely between states. Meta's patent for an AI system that continues to “speak” on behalf of a deceased person challenges these existing frameworks governing life after death online. As AI technology continues to develop, these gaps in legal protection will become increasingly important to address.
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