Patentability of Artificial Intelligence: Understanding the Realm of Artificial Intelligence (AI)

Amartya Saha
KIIT School of Law, Bhuvneshwar, India.

Volume II – Issue I, 2021

The rampant misappropriation by unauthorized use, reproduction, distribution, imitation of the genuine products, making of the duplicate copies for the market, have altogether resulted in the un-accounted exploitation of the human intellect. The Intellectual property recognizes the category of the properties created as a reflection of the intangible creation of the human intellect including inventions, literary- artistic works, designs, symbols, etc.

Thus, the Intellectual Property rights stand as a guardian shield striking a balance between the interests of the innovators to enable to earn recognition and earn some economic benefit and the wider public interest to use the benefits of such developments and innovations. But the unaccounted misappropriation of such rights of the innovators pose a serious threat to the rights of the creators, a fear of infringement of their rights and thus poses a challenge to the state to implement such protections and ensure such effectual remedies to these creators such that any sort of infringement can be checked and protection can be provided thereof.

Under the realm of a number of Intellectual Property Rights including Patents, Copyright, Trademark, Geographical Indications etc., this paper would narrow down its area of analysis and focus on the applicability of Patent Rights over the Models and devices made with the system of Artificial Intelligence and the Patentability of the Creations of the Artificial Intelligence, and the tussle between the owner of such Patent Right- The Creator or the AI, who gets the rights and to what extent. The Artificial Intelligence, the machine learning systems, can create inventions which are equally capable of patent protections like the creations of human beings, thus this paper aims at identifying the patentability standards of the creations of such AI, the conflict about the appropriate ownership of such patent protections and the scope of law that needs modifications to imbibe and incorporate the possibility of such protections. Thus, it calls upon the new policy makers to appropriately modify the law governing the patent system to include the era of 3A comprising of the advanced, automated and autonomous AI Systems.

Keywords: Patent, Artificial Intelligence, Inventorship, Creator, Owner of Patent Protection, etc.


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