I suspect this is happening a thousand times a day right now. But it will be many years before the first test case gets to a federal appeals court. In the meantime, there will be some unknown tens of thousands of new patents granted that involved varying degrees of AI inventorship. The legal term of art is "reliance interest." I think courts will be extremely reluctant to rock the boat by the time this is litigated because AI will be as common as "Googling" by then.