Exploring the Patentability of AI Inventions: Legal and Ethical Challenges

  • Dharshini P. and Madhumitha Gomathy M.
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  • Dharshini P.

    Student at Sastra University, Thirumalaisamudram, Thanjavur, India

  • Madhumitha Gomathy M.

    Student at Sastra University, Thirumalaisamudram, Thanjavur, India

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As technology progresses, we are witnessing a growing prevalence of inventions produced through Artificial Intelligence (AI). These inventions, which are created by computer systems autonomously or with minimal human intervention, are becoming increasingly common. In this context, the role of human creativity in such inventions becomes less apparent, while the process of invention itself becomes more accessible, as the AI takes on a substantial portion of the cognitive workload. Uncertainty might arise in circumstances in which AI provides the creative input and no human creativity is required. The main issue here is that the patent law continues to be based on the presumption that only human beings are capable of inventing. Therefore, "inventions without an inventor" will be rejected by courts and patent offices. If we don’t fill with an update in this void, a system meltdown is unavoidable. A patent modernization is absolutely necessary in the age of Artificial Inventions. This paper deals with Artificial Intelligence inventions and their Patentability. The Challenges faced by the Corporations using AI to create new inventions. The disparity between the existing legal framework and the current demands are discussed in depth. In light of this, recommendations are suggested for updating the existing law in order to maintain the effectiveness of the patent system.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 2323 - 2335

DOI: https://doij.org/10.10000/IJLMH.116390

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