Patent Law At The Crossroads: Reconceptualizing Intellectual Property For AI-Generated Biotechnological Innovations
- IJLLR Journal
- 5 hours ago
- 2 min read
Rashtra Bardhan, Senior Research Fellow, Department of Law, MJP Rohilkhand University, Bareilly
Juhi Naseem, Assistant Professor, Department of Law, MJP Rohilkhand University, Bareilly
ABSTRACT
The intersection of artificial intelligence (AI) and biotechnology represents one of the most transformative technological convergences of the 21st century. AI algorithms are now capable of designing novel pharmaceuticals, optimizing gene-editing tools, and even creating synthetic biological systems with minimal human intervention. This unprecedented advancement is reshaping the landscape of innovation, posing fundamental challenges to traditional patent law frameworks that were designed for human-centric inventions. The global patent system, built on centuries-old principles of inventorship, novelty, and non-obviousness, now faces existential questions: Can an AI system be listed as an inventor on a patent? Should machine- generated drug formulations or genetically modified organisms designed by algorithms be eligible for intellectual property protection? How do we strike a balance between incentivizing innovation and addressing ethical concerns about monopolizing life-saving technologies? This paper provides a comprehensive examination of the new dimensions of patent law emerging at the nexus of AI and biotechnology. It analyzes recent legal precedents, evaluates ethical dilemmas, and proposes policy reforms to address the growing disconnect between technological capabilities and intellectual property regimes. The discussion is structured across five key areas: (1) the debateover AI inventorship, (2) patent eligibility of AI-generated biotechnological innovations, (3) the impact of AI on CRISPR and gene- editing patents, (4) ethical and equity concerns in AI-biotech patenting, and (5) recommendations for future legal and policy frameworks. By synthesizing case law, scholarly literature, and policy documents from major jurisdictions, this paper aims to contribute to the critical discourse on modernizing patent systems for the age of autonomous innovation.
Keywords: Gene-editing, patent law, biotechnology, artificial intelligence, synthetic biological systems
