Abstract
Artificial Intelligence has made its impact on the lives of people in the present era. AI is something which no one thought of, no one could think that such things can be made possible in real life. The ambit of AI is quite big as it includes machine learning, computer vision, etc. AIis the ability of a machine to behave like an intelligent person. To illustrate it through an example we can look at the incident when a supercomputer named ‘Deep Blue’ defeated the then chess champion, Garry Kasparv. After this incident, a belief took place in the mind of the people that artificial intelligence is coming up to the status of the human mind. In AI the machines are designed in such a way that they possess similar acumen to that of human beings. Patent protection should be available for AI-generated works because it will incentivize innovation. The prospect of holding a patent will not directly motivate an AI, but it will encourage some of the people who develop, own, and use AI. Allowing patents on AI- generated works, therefore, will promote the development of inventive AI, which will ultimately result in more innovation for society. It is safe to say the concept of AI, be it ever evolving, is yet to be in tandem with the legal and other aspects of the society. It is yet to gain compatibility withthepatent laws on aglobal level. Apartfromencouraging creativity, there should be a cohesive effort to regulate and organize the growth of this humongous field. The idea of creating a humanoid or the concept replacement of human intelligence with machines and bots may sound futuristic and brazen, but will ultimately have a lasting impact on the mankind as a whole.
Keyword: Artificial Intelligence, Patent, AI, human intelligence etc.
Introduction
Artificial Intelligence has made its impact on the lives of people in the present era. AI is something which no one thought of, no one could think that such things can be made possible in real life. AI has the capability to have an everlasting impact on humans and it is going to cover every aspect of society wherever it can reach.[1] AI which was mostly regarded as fiction is now being converting from fiction to science. With the change in time technology is also changing and as a result, AI is growing at a tremendous speed. With the help of existing technology, it can be ascertained that the day where the AI inventions will overpower human beings is not far away. AI of a machine can be calculated as its capability to copy intelligent behavior. The ambit of AI is quite big as it includes machine learning, computer vision, etc. AI is the ability of a machine to behave like an intelligent person.[2] To illustrate it through an example we can look at the incident when a supercomputer named ‘Deep Blue’ defeated the then chess champion, Garry Kasparov. After this incident, a belief took place in the mind of the people that artificial intelligence is coming up to the status of the human mind. In AI the machines are designed in such a way that they possess similar acumen to that of human beings. Predicting the future of technology is notoriously difficult. Indeed, predicting how law and regulation should be shaped to meet the needs of future technological developments is a task that might often lead to hilarious predictions. The difficulty in predicting technological development is certainly reflected in the current debate about the future of artificial intelligence (AI). Within this framework currently two extremes can be identified: those who view AI as a path towards ‘superintelligence’ that transcends humanity, and those who think AI is merely a glorified version of data analysis and statistical inference. In any case, it seems realistic to foresee that in the near future there will be an increase in machines that are able to perform more tasks in more efficient and autonomous ways than we currently can envision. These tasks include the production of artistic, technological, and scientific innovations that might potentially be protectable via intellectual property(IP) laws. Because of the economic value of these innovations there may be an interest in ‘controlling’ such intellectual creations via intellectual property right (IPRs). In this context, a key question Relates to how to interpret the concepts ‘inventorship’ (patents) inventions generated by AI systems.[3] The modern era of innovation and scientific growth has been largely led by the rise of the machine age. The successful incorporation of automation capabilities with basic human intelligence have resulted in what is termed as “Artificial Intelligence”. Artificial Intelligence is used in almost every field today ranging from automated vehicles, healthcare, aviation, finance, entertainment, education, heavy industries and so on. With each passing day, machines with higher and higher capabilities of learning and autonomous thinking are being conceived and implemented. AI has the potential to challenge the core standards that are edifice of Patent law. The granting of patent rights to AI-generated innovations would act as a catalyst for new and superior improvements which would be hard to obtain solely through human ingenuity. Artificial intelligence (AI) systems are growing at an exponential rate today, with more sophisticated forms of software being incorporated into them. AI enabled systems have transcended from performing simple calculations to producing poetry, art work, and other more complex creative work. This raises the question of whether or not such work can be afforded any special status under Intellectual Property (IP) laws, like any other form of work producedby an identifiable human source which is afforded protection under IP laws. AI questions the most conventional Intellectual Property legal principles, such as “creator”,“originality”, or “inventiveness”. Can a machine be an inventor? Should AI generated inventions be considered state of art? Who is the owner of AI generated works or inventions? Who should be held responsible for the creations and innovations generated by AI, if they encroach upon others’ rights or violate other legal provisions? With the increasing prevalence, and increasing capability of AI these are some of the Intellectual Property Law issues that the legal fraternity has to resolve. This article proposes to address such issues and endeavors to provide suggestions so as to attune the law with the present developments.
[1]Lauren Goode, ‘Google CEO Sundar Pichai compares impact of AI to electricity and fire’, (The Verge, 19 January 2018) <https://www.theverge.com/2018/1/19/16911354/google-ceo-sundar-pichai-ai-artificial- intelligence-fire-electricity- jobs-cancer> , accessed on 05/092021.
[2]Raquel Acosta, ‘Artificial Intelligence and Authorship Rights’ (HJLT, 17 February, 2012) http://jolt.law.harvard.edu/digest/copyright/artificial-intelligence-and-authorship-rights> accessed on 05/09/2021
[3]N.P. Padhy, ‘Artificial Intelligence and Intelligent System’ (Oxford University Press, 2005) https://doi.org/1o.12728/culj.12.5> accessed on 05/092021.