Human Versus Machine In Intellectual Property: Navigating Legal Protections For AI- Driven Creations
- IJLLR Journal
- Nov 8, 2025
- 1 min read
Ms. Ashmika Agrawal, Himachal Pradesh National Law University, Shimla
“The development of full artificial intelligence could spell the end of the human race”. He further said that “it would take off on its own, and re- design itself at an ever-increasing rate” and “humans, who are limited by slow biological evolution, couldn’t compete, and would be superseded”.
- Prof Stephen Hawking
ABSTRACT
The intersection of artificial intelligence (AI) and intellectual property (IP) law presents significant challenges as AI-driven innovations increasingly shape industries worldwide. This paper explores the complexities of navigating legal protections for AI-generated creations, focusing on issues such as inventorship, ownership, and infringement. Current patent systems are inherently human-centric, raising questions about whether AI can be recognized as an inventor or legal entity. The document examines case studies, international legal frameworks, and evolving norms in patent law to highlight gaps and inconsistencies in addressing AI's role in innovation.
Additionally, the study delves into the broader implications of AI on IP, including ethical considerations, socio-economic impacts such as job displacement, and biases embedded within AI-generated outputs. With AI applications expanding across sectors like healthcare, criminal justice, and environmental sustainability, the paper underscores the urgency of updating IP laws to accommodate the unique characteristics of AI-generated works while ensuring societal benefit. It concludes with policy recommendations to balance innovation incentives with equitable legal standards, advocating for a reimagined IP framework capable of addressing the rapidly advancing capabilities of AI.
Keywords: Artificial Intelligence (AI), Intellectual Property (IP) Law, AI- Generated Creations Patent Systems
