RISE OF ARTIFICIAL INTELLIGENCE AS AN INVENTOR IN PATENTS: A SOCIAL WELFARE PERSPECTIVE

Abstract

The onset of artificial intelligence (AI) presents dynamic challenges before the legal fraternity like never before. This chapter discusses the implications of accommodating AI programmes as inventor in patents. In recent years, more and more inventions have materialized through AI without direct human intervention. Since AI does not qualify as a natural person, it cannot be identified as an inventor in a patent application. From the doctrinal standpoint, inclusion of AI as inventors would also require a revision of the concepts of enablement and obviousness under patent laws. Additionally, the normal justifications of awarding patent like incentive or expectation of commercial rewards cannot be attributed to AI. There also remains a question mark on the AI’s capability as a legal person to incur liabilities which are the natural incident of con ferment of patent rights. While a potential solution would involve providing adequate commercial incentive to AI developers, any such analysis must be balanced by weigh ing the collective interests and welfare of the society. After all, the utilitarian goals of intellectual property rights require maximum aggregate welfare to both the inventors and the society. Neither patents nor AI operate in vacuum and therefore any revamp in the existing laws would require the policymakers to create strong governance guide lines which cater to both the legal and ethical dimensions of regulating AI.