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Artificial Intelligence As An Inventor: Re- Evaluating Inventorship Under Indian Patent Law




Muskan Choudhary, Jagannath University, Jaipur (Rajasthan)

Dr. Varsha Dhabhai, Jagannath University, Jaipur (Rajasthan)


ABSTRACT


Artificial intelligence (AI) has transformed the landscape of innovation by enabling machines to autonomously generate technological solutions. Traditional patent systems were designed with the assumption that inventors are human beings who contribute intellectual effort to the creation of inventions. However, modern AI systems can generate novel inventions without direct human intervention, raising significant legal questions regarding inventorship and patent ownership. This article critically examines whether artificial intelligence can qualify as an inventor under the Patents Act, 1970.


The article analyses the statutory framework governing inventorship in India, explores international developments in AI patent law, and evaluates the implications of recognizing AI as an inventor. Through doctrinal legal analysis and comparative study, the article argues that Indian patent law currently recognizes only human inventors. Nevertheless, rapid technological developments require policymakers to reconsider the concept of inventorship in order to ensure that patent law continues to incentivize innovation in the era of artificial intelligence.


Keywords: Artificial Intelligence, Patent Law, Inventorship, AI-generated inventions, Intellectual Property, Indian Patent Law.



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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Licensing: 

 

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.

 

Disclaimer:

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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