DECODING THE MYSTERY OF AI INVESTORSHIP – PATENTABLE OR NOT?

INTRODUCTION

In today’s rapidly evolving technological landscape, artificial intelligence (“AI”) is revolutionizing various industries, from healthcare to finance, and from manufacturing to entertainment. One of the most intriguing areas where AI is making significant strides is in invention and innovation. However, with this advancement comes a host of complex legal and ethical questions, particularly regarding patentability and the determination of the inventor.

THE RISE OF AI IN INVENTION

The patent system rewards the development of new and useful inventions with exclusive rights to exploit these inventions for a certain period of time. In return, it requires the inventor to publicly disclose their invention, so that other people can learn from it and continuously build upon the state of the art. However, this process of repetitive innovation is no longer the sole domain of humans. AI systems are now generating “creative” outputs. AI systems such as IBM’s Watson and Google’s DeepMind have already been deployed to solve some of the great technical, scientific, and medical challenges of our time.

CAN AN AI SYSTEM BE AN “INVENTOR”?

Under copyright law, the existence of a human author is directly relevant to the question of whether a work will attract copyright protection at all. Patent law is different, while the identity of the inventor has certain legal implications it does not affect patentability of the invention itself. This is because the patentability of an invention is assessed objectively, rather than by reference to the subjective “inventive” or other mental process of the inventor.

THE ARTIFICIAL INVENTOR PROJECT

The Artificial Inventor Project includes a series of pro bono legal test cases seeking Intellectual Property Rights for AI-generated output in the absence of a traditional human inventor or author. It is intended to promote dialogue about the social, economic, and legal impact of frontier technologies such as AI and to generate stakeholder guidance on the protectability of AI-generated output.

PATENTABILITY CONCERNS

The question of whether AI-assisted inventions are patentable revolves around the fundamental requirements for patent eligibility. Generally, to obtain a patent, an invention must be novel, non-obvious, and useful. While AI can undoubtedly aid in the creation of novel and non-obvious inventions, the issue of inventorship introduces a layer of complexity.

LEGAL AND ETHICAL IMPLICATIONS

The current framework of patent law, which attributes inventorship to human individuals, may not adequately address the realities of AI-assisted invention. This discrepancy has sparked debate within legal and academic circles regarding the need to update patent laws to accommodate AI-generated inventions.

From a legal standpoint, recognizing AI systems as inventors raises numerous challenges including issues of ownership, liability and the assignment of intellectual property rights. Additionally, the ethical implications of AI-assisted inventions extend beyond legal considerations, touching upon questions of accountability, transparency, and the impact on human creativity and labour.

POTENTIAL SOLUTIONS AND FUTURE DECISIONS

Addressing the patentability of AI-assisted inventions requires a multifaceted approach that balances legal, ethical, and technological considerations. Some propose amending patent laws to explicitly recognize AI systems as inventors, while others advocate for a criterion that acknowledge the collaborative nature of AI-human partnerships in innovation.

Moreover, increased transparency and disclosure requirements regarding the role of AI in the invention process could help mitigate concerns surrounding accountability and ensure that inventors receive appropriate recognition and compensation.

CONCLUSION

AI-assisted inventions come with their own set of legal risks. But despite the risks, generative AI is an unstoppable trend of our age and we expect to see more patent applications seeking to protect AI-assisted inventions.

Ultimately, finding a balance between fostering innovation, protecting intellectual property rights, and upholding ethical principles will be crucial in shaping the future of AI-assisted inventions and their impact on society. By addressing these challenges head-on, anyone can unlock the full potential of AI as a driver of progress while safeguarding the rights and responsibilities of inventors in the digital age.