ARTIFICIAL INTELLIGENCE AND PATENT LAW: ANALYZING PATENTABILITY OF AI-GENERATED WORKS

Abstract

Industry 4.0 era has changed the dimension of the manufacturing sector with the integration of AI technologies into its domain. This has created an opportunity for the development of the Intellectual Property domain to adopt AI technology for the development of the nation economically. This research work analyses the existing patent regime and explores the idea of granting AI the inventorship for AI-generated inventions. Based on the analysis, this study identifies the different AI technologies including Artificial Neural Networks (ANN), Convolutional Neural Networks (CNN), and Fuzzy logic technology that can be used in the patent domain for creating an AI-generated invention. This study outlines the existing legal implications relating to the inventorship of AI-generated inventions in the U.S. and India and this research suggests a shift from the traditional view of the courts relating to recognising AI as an inventor of a patent. A model has been proposed relating to the assignability of patents and provides the categories of persons to whom such invention may be assigned by the patent office. Based on the analysis future framework has been recommended.

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