Can AI Be An Inventor? The Need For Patent Law Reform

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Shakshi Sharma, Maharashtra National Law University, Nagpur

Durvesh Desai, Maharashtra National Law University, Nagpur

Introduction

Human inventions need acknowledgment and endorsement of their work. Humans work for rewards, and this is what Karl Marx said. This psychological push is the basis of intellectual property rights. The word “intellectual property” comes from the human brain, a reflection of the creativity and innovation of the mind. These rights make people invent, and then they give economic benefits to their products. After all, an invention is the result of skills, resources, time, mental effort, and financial investment. Therefore, the core idea behind intellectual property rights is to reward the inventor legally for the effort and innovation that leads to new creations, recognizing the intangible value of their work. Each type of IPR gives special rights to its inventor and or creator to sustain and harvest economic benefits which further motivates skill and societal developments. IPR is a force behind the acceleration of an intellect of the nation.

However, the situation has become increasingly complex since the advent of AI. Intellectual property rights are granted in recognition of the human brain's intellectual contribution. The pivotal question that challenges the current paradigm is whether AI can be recognized as an inventor or whether the use of AI in the invention process can be patented. The emergence of AI has significantly expanded the application of intellectual property rights; however, the existing legal framework remains ill equipped to address these issues, exacerbating the uncertainty. This underscores the urgent need for comprehensive amendments to intellectual property laws on a global scale.

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