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Artificial Intelligence And Patent Law: An Analysis Of Inventorship And Ownership Through The DABUS Litigation Framework




Riya Jaiswal, Student, Department of Industrial Engineering and Management (IEM), R.V College of Engineering (RVCE), Bengaluru

Anchal Karanani, Student, Department of Industrial Engineering and Management (IEM), R.V College of Engineering (RVCE), Bengaluru

Shree Maheshwari, Student, Department of Industrial Engineering and Management (IEM), R.V College of Engineering (RVCE), Bengaluru

Chitra B.T., Assistant Professor, Department of Industrial Engineering and Management (IEM), R.V College of Engineering (RVCE), Bengaluru



Abstract—Contemporary artificial intelligence systems demon- strate capabilities for generating technical solutions with reduced human intervention, thereby challenging established patent law principles requiring natural persons as inventors. This research examines inventorship and ownership challenges when artificial intelligence contributes substantially to patentable innovations. A comparative examination of DABUS patent applications across United Kingdom, European Patent Office, and United States jurisdictions, combined with evaluation of United States Patent and Trademark Office guidance documents from 2024 and 2025, forms the methodological foundation. The investigation addresses why patent frameworks mandate human inventors, ownership allocation mechanisms involving artificial intelligence, and policy implications of alternative regulatory approaches. Through doctrinal legal methodology and comparative jurispru- dence analysis, four regulatory frameworks are evaluated: pre- serving current human-centric models, implementing statutory deeming mechanisms, establishing limited legal personhood, and creating specialized intellectual property regimes. Assessment criteria include innovation promotion, accountability frame- works, administrative feasibility, and international harmonization prospects. Application of this analytical framework to India’s Patents Act, 1970 identifies regulatory gaps and recommends legislative modifications. Findings reveal fundamental tensions between doctrinal consistency and technological accommodation, with implications for global patent systems.


Index Terms—Artificial intelligence, patent law, inventorship, ownership, DABUS litigation, comparative legal analysis, USPTO guidance, Indian Patents Act



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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