Inventorship In The Algorithmic Era: A Legal Analysis Of Patentability Standards For AI Generated Outputs

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Abhishek Kumar, LLM (IPR), National Law University, Delhi

ABSTRACT

The Industry 4.0 revolution has been the main cause of the integration of AI into manufacturing. As a couple of effects, this revolution has necessitated the establishment of a strong intellectual property (IP) sector, which should be able to embrace AI technology for national economic growth. This research paper interrogates the existing patent system and highlights the pivotal issue of attributing inventor status to AI in a scenario of AI-generated inventions. Based on the analysis technological innovations are considered as the main enablers in this field with Artificial Neural Networks (ANN), Convolutional Neural Networks (CNN) and Fuzzy Logic being the most cited ones. Extensive research is conducted on the current legal repercussions of AI inventorship in the U.S. and India, demonstrating that traditional judicial procedures in rejecting the recognition of AI as an inventor. They insist that a natural person only fits the definition of an inventor. This study discards the conventional method and posits that the notion of AI as an inventor should not be simply rejected. It is proposed that AI should be allowed exclusive patent rights, especially when the invention is made autonomously without any human intervention. The writer supports the transformation of the old court perspective that considers AI just an instrument into one that paves the way for further patenting development. The article suggests that the Impediments of the U.S. patent system should lead to consideration of AI as an artificial person, and thus machine rights should be acknowledged, by the parties to International Agreements such as the TRIPS Agreement. Such a necessary paradigm shift can make courts more progressive and foster the development of the IP environment. In order to deal with the financial side of the problem of AI inventorship, a groundbreaking assignability model is put forward. This model indicates the rightful recipients of a patent generated by AI, especially differentiating between Active parties and Disruptive/Silent parties. The model recommends that AI patents should be assigned to active users of AI as they will be the ones who will be most willing to not only achieve maximum economic returns but also to promote the invention for the public benefit, thus making the potential of AI being considered as an inventor a plausible eventuality. The paper ends by proposing a future structure and giving suggestions derived from the research.

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

524. INVENTORSHIP IN THE ALGORITHMIC ERA- A LEGAL ANALYSIS OF PATENTABILITY STANDARDS FOR

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