ABSTRACT
Artificial intelligence (AI) has been evolving exponentially, while simultaneously generating excitement about how it has increased prosperity and transformed our lives in multiple ways. The impact of the Industrial and Digital Revolutions has, undoubtedly, been substantial on practically all aspects of society. AI is related to innovation, which in turn is governed by patent laws. This leads to questions regarding the ramifications on patent inventorship in the AI arena. The key question is whether AI (an ‘artificial’ entity) can be considered an ‘inventor’ of a patent application. The United States Patent and Trademark Office (USPTO has provided its answer by clearly rejecting AI as an ‘inventor’, positing that AI cannot meet certain statutory definitions for an inventor or the jurisprudential tests for determining inventorship. The Patent Act does not expressly limit inventorship rights to humans, but it does suggest that each inventor must have a name and be an ‘individual’. This paper focuses on AI and patent laws – mainly, on whether AI should be considered an ‘inventor’ under the patent statutes. Unlike other scholars, I argue here for recognizing AI as the inventor. I further argue that allowing AI to be listed as an inventor would incentivize innovation, as AI’s added value would be more clearly recognized. Furthermore, statutory recognition of AI as an inventor would encourage investment in developing inventive AI systems.
Afshar, Mimi, I’m Not ‘Human’ After All – Can Artificial Intelligence Survive the Inventorship Requirement? (February 25, 2021).
First posted 2021-03-28 20:00:15
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