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Artificial Intelligence As An Inventor: Rethinking Patent Law And Patent Eligibility

 



Arya Verma, National Law University (LL.M. IPR)


ABSTRACT


The era of Industry 4.0 has significantly changed the manufacturing sector by the integration of AI technologies in its domain. This has led to the development of a new Intellectual Property domain that can use AI technology to contribute to economic growth through national development. This research work examines the current patent system and the hypothetical scenario of AI being granted the inventorship of AI-generated inventions. After evaluating the existing conditions this study finds out the different AI technologies that include Artificial Neural Networks (ANN), Convolutional Neural Networks (CNN), and Fuzzy logic technology that can be implemented in the patent field for generating AI inventions. This research reveals the existing legal issues concerning the identification of inventors in AI-generated inventions in the U.S. and India and the court's traditional view on shifting recognition of AI as the inventor of a patent. A model concerning the assignability of patents has been created that shows the categories of persons to whom the patent office may assign such invention. Based on the analysis the next framework has been suggested.


Keywords: Artificial Intelligence, Artificial Neural Networks, AI-Generated Invention, Inventorship, Patent



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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