Cross Jurisdictional Comparison Of Patentability Standards For AI And Blockchain: Global Challenges And Legal Responses
- IJLLR Journal
- 9 hours ago
- 2 min read
Saniya Ansar, LLM (IP), Amity Law School, Amity University Noida, Uttar Pradesh
CHAPTER 1
INTRODUCTION
Artificial intelligence and blockchain have emerged as game-changing technologies in recent years. With the growing importance of AI-based inventions and blockchain, the issue of patentability of such inventions has become a topic of great interest and debate. AI is a digital technology that emphasizes intelligent data processing and digital decision-making, whereas blockchain focuses on decentralized secure record-keeping without relying on a single centralized party. The question here is whether these technologies can be patented. The answer is yes, they can, but it depends. The Delhi High Court ruling in Ferid Allani v. Union of India established that inventions demonstrating a 'technical effect' or 'technical contribution' are patentable even if they involve computer programs or software.
Another question lies in how different designations access the patentability of AI- and blockchain-based inventions. Both technologies pose challenges to establishing a patent system worldwide. Patentability standards vary significantly from jurisdiction to jurisdiction, with critical issues related to subject matter eligibility, innovative step novelty, non-obviousness, and enforceability, unlike traditional inventions. For example, the United States has adopted a relatively restrictive approach and often rejects software based on algorithmic inventions. In contrast, the European Union applies a technical effect test to determine eligibility, while Japan have issued more detailed guidelines in context of AI and blockchain patents. This research will explore and compare how different jurisdictions across the world treat the patentability criteria of artificial intelligence and blockchains. It will highlight the legal challenges and policy responses which have been done so far. this paper will contribute to ongoing discussion and debate about the need for better legal framework that can support innovation while balancing the ethical legal and economic concerns.
