Artificial Intelligence As An Inventor – An Insight On The Dabus Claim

Jyothika Gauthaman, School of Excellence in Law

ABSTRACT

With the significant emergence of new technologies, the traditional legal principles and notions, which frequently lag behind technical advancement, are challenged. Despite the fact that artificial intelligence (AI) has been in existence since the 1950s, it has not presented significant legal difficulties due to its limited implementation and applicability. But today, the world sees a plethora of advancement in computing, communication, information, data, and other technologies that have greatly improved the applicability and utility of AI. This has sparked discussions about a number of established legal principles, such as those defining who authors or owns the intellectual property (IP) and how such authorship or ownership can enforce protection in relation to AI ideas and creations.

Numerous such issues remain unresolved and are the focus of legislative effort or policymaking, despite the fact that courts in several nations have made decisions regarding AI as an inventor in regard to the authorship and ownership of the intellectual property (IP). These legal issues when answered may have an impact on the IP system's capacity to foster innovation in the fields of science, technology, and creativity. It is extremely difficult to arrive at a precise policy framework and strategy because of the widespread use of AI applications and the repercussions that follow, as well as the apparent rapid pace at which AI research is moving. The openness/ambiguity that results from this difficulty is represented in the policy frameworks that have been developed. This issue regarding artificial intelligence (AI) and intellectual property (IP) was put in limelight when Stephen Thaler’s patent applications reached the Australian and South African jurisdictions for an AI-generated invention.