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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

ARTIFICIAL INTELLIGENCE AND PATENT LAW: EXAMINING LEGAL PROVISIONS FOR PROTECTION – Shrishti Khanna & Mr. Pawan Kumar

AI AS AN INVENTOR: CAN NON-HUMAN ENTITIES HOLD PATENTS?

Many of the most basic principles of patent law are called into question by the use of artificial intelligence.  Important questions need to be addressed, like whether or whether AI-generated technology should be patented and, if so, who should be given credit for creating these ideas.  It has been suggested that granting patents for concepts produced by AI will promote the development of revolutionary technology that might not have been found by humans alone.  On the other hand, some fear that patenting AI-generated ideas could lead to monopolies, more R&D costs, and smaller creative output.

The difficulty in this situation is figuring out whether or not the concepts that AI presents are novel.  When it comes to self-improving super intelligent artificial intelligence (AI), it is far more crucial to examine the degree of complexity and sophistication of inventions produced by AI.  Since artificial intelligence (AI) has impacted almost every industry and field, there is growing concern about whether the current definition of POSA (Person Ordinarily Skilled in the Art) is appropriate for the age of AI or if it needs to be updated to accommodate people who understand AI.  In particular, there is rising apprehension over whether the existing meaning of POSA (Person Ordinarily Skilled in the Art) is appropriate for

Furthermore, the issue of responsibility arises when patent rights are violated by artificial intelligence.  The intellectual property rights of other people’s innovations may be violated by AI systems in the future.  The issues of whether or whether an AI is responsible for its acts, as well as who bears responsibility for them—the AI or the person who developed it—have become more pressing.

Investigating the issues of patenting AI-generated ideas is crucial to determining whether or not the protection of AI-produced creations through patent law would further the objectives of patent law or inhibit human creativity.