True and First Inventor: AI-Generated Inventions

  • Namrata Sahu and Priyesh Ghosh
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  • Namrata Sahu

    Assistant Professor at Prestige Institute of Management and Research, India

  • Priyesh Ghosh

    Advocate at High Court, Indore, India

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Abstract

The dispute over whether AI systems should be regarded as inventors in patent applications is becoming more heated as a result of the quick development of artificial intelligence (AI) technology. The question of AI inventor-ship is not explicitly addressed by Indian patent laws, and the definition of an inventor as it currently stands suggests that only humans can be regarded as innovators. This article explores the legal and policy framework around AI inventor ship in India and analyzes the implications of recognizing AI as inventors in the patent system. The article examines the Indian Patents Act, 1970, and the position of the Controller General of Patents, Designs, and Trademarks on AI inventor ship. It also evaluates the jurisprudential theories in terms of recognizing AI as inventors. Finally, the article offers recommendation on how Indian patent laws could be amended to effectively tackle the issue of AI inventorship and ensure that the patent system keeps pace with advancements in AI technology.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 2782 - 2789

DOI: https://doij.org/10.10000/IJLMH.115152

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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