Abstract

Artificial Intelligence (AI) is essentially software created and trained by data scientists and AI developers using very large amounts of data. This study aims to examine the regulation of legal protection for inventions produced by Artificial Intelligence and the Prospects for the Implementation of Patent Law Enforcement Against Artificial Intelligence in Indonesia . The method used in this study is normative legal research using a Conceptual approach, Legislation and comparative law. The results of the study are that legal protection for inventions produced by AI in Indonesia currently still have differences of opinion. AI can still be protected by a Patent mechanism if the AI can solve technical problems and is related to technology and there is already a Patent certificate protection from its country of origin. AI cannot be an object protected by the Patent Law in Indonesia, Based on Law (UU) No. 65 of 2024 concerning Patents, AI has not been specifically regulated, however in Article 4 letter d, there are regulations for computer programs that have technical effects that can be patented (Explanation in Article 4 letter d). In addition, regarding regulations on AI in Indonesia, the Ministry of Communication and Informatics has issued Circular Letter of the Minister of Communication and Informatics Number 9 of 2023 concerning the Ethics of Artificial Intelligence. One of the points in the contents of the circular states that the implementation of artificial intelligence is subject to the principles of Intellectual Property in accordance with statutory regulations. Patent law enforcement in the Artificial Intelligence Era has not been effective, because there is still no explicit regulation regarding the Qualification of Inventions produced by AI that can be used as Patent objects. Although Article 1 paragraph (2) of Law No. 65 of 2024, defines inventions very broadly with the addition of the words " system, method, and use" to adjust the Intellectual Property framework to the rapid development of AI technology. Article 4 letter d also states that Inventions do not include computer programs, except for computer-implemented Inventions, namely Inventions that utilize computers to achieve certain results. This is feared to be open to multiple interpretations resulting in a lack of legal certainty. Apart from that, there are other factors for the regulation to be effective, namely the law enforcement factor which has the most central position compared to other factors (legal culture).

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