Can Artificial Intelligence (AI) Machine be Granted Inventorship in India?

Authors

  • G R Raghavender Department of Justice, Ministry of Law & Justice, Government of India, Khan Market — 110 003, New Delhi, India
  • Gurujit Singh University School of Law and Legal Studies (USLLS), Guru Gobind Singh Indraprastha University, Dwarka, Delhi — 110 078, India

DOI:

https://doi.org/10.56042/jipr.v28i2.1268

Keywords:

Innovative AI, Computer-Related Inventions, Patents, Utilitarian Theory, Incentive Theory, TRIPS Agreement

Abstract

Artificial intelligence (AI) is prolific emerging algorithmic general purpose technology that helps inventors in the innovation process or is a component of an invention. AI-assisted inventions and other computer-related inventions (CRIs) generally have few significant differences. A simple instrument for creativity, machines are now a significant contribution to creation because to AI advancements. Medical researchers are using AI machines to find new drugs. These automated systems, also known as “innovative AI”, have been helping to develop new inventions with little to no human involvement.1

Since AI's contribution and autonomous invention process is exponentially growing, there have been instances where a patent applicant has opted to name an AI programme as the inventor in a patent application. The patent offices of the United States, the United Kingdom, the European Union, and New Zealand recently rejected a patent application seeking inventorship for an AI computer. Australia and South Africa, on the other hand, have recognised AI as an inventor. In light of the various approaches used around the world, this article examines the key question that emerges in patent granting: can an AI system that is not a natural person be recognised as an inventor and granted a patent in India, including inventorship and ownership?

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Published

2023-05-11