Patent Law & AI: Rethinking Inventorship In The Age Of Machine Innovation
- IJLLR Journal
- 3 hours ago
- 2 min read
Purti Sharma, Amity University
ABSTRACT
AI development at a rapid pace is giving a different shape to the innovation landscape, and at the same time, raising many concerns about the appropriateness of current intellectual property frameworks, especially patent law, in identifying and securing inventions created by AI. The concept of inventorship, which is generally characterized by human creators associated with patent laws worldwide, is at the center of this debate. Augmented human creativity and the ever-growing abilities of AI lead to redefining the law and giving legal safeguards new meanings.
The patency rights and inventorship issues are mainly handled by The Patents Act, 1970, in India. However, the Act's general provisions create a quandary for AI-generated inventions since, in effect, they presume that the inventor is a human being. This treatment of AI and machine-generated intellectual property is heavily influenced by an interconnected legal framework, which consists of The Patents Act, The Copyright Act of 1957, The Information Technology Act of 2000, and new data privacy legislation. In combination, these laws change the ways of the disclosure, protection, and commercialization of the technologies related to AI.
The US, the EU, the UK, and other areas have similar issues and as a result, they are experimenting with different doctrinal interpretations and policy changes. The complications of the case are highlighted by the difference between doctrinal legal analysis and the empirical observations of experts from various fields and legal practitioners. The issues discussed most prominently include legal accountability, ownership rights, ethical consequences, and the potential introduction of sui generis regimes or changes in inventorship models.
These issues can be resolved only by adaptive legal frameworks that have the potential to balance invention, justice, and accountability, which are the three primary goals of patent law. These very frameworks need to change so as to be able to accommodate the reality that there will be machine innovations if law wants to remain timely and relevant in a world of artificial creativity..
Keywords: AI, Inventorship, Accountability, Sui Generis Regimes
