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Should A Patent Be Granted To Artificial Intelligence (As An Inventor)?

Sanchita Namdev, Dr. Ram Manohar Lohiya National Law University


Artificial intelligence was initially developed to carry out simple calculations, take inputs from humans, and process. Gradually has taken a course of performing complex programming, creating software, and performing skills ahead of human thinking. In this course of action, artificial intelligence is inventing new technologies, programs on its own with no human intervention. The article throws light on the augmentation of Artificial Intelligence in the world and India. Whether granting patents to AI has found a trace in some parts of the world. India is far from this question, as giving patents to humans to develop technology is problematic and cumbersome. The humans inserted the simple algorithms and instructions into the system, which led to the system using the influx of data to invent a novel program. The program was initially not present. Thus, granting the patent to AI based on statements that there is no human control is incorrect.

After considering the patent issues, the article concludes that granting patents to AI will empower technology over humans as no person will be responsible for the same. Though AI has taken over during present times, giving patents to AI will be the autonomy of technology.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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