Emerging Technologies and Intellectual Property Rights: A Cross-Jurisdictional Examination of AI and Patent Laws in India and the USA

Abstract

The rapid development of Artificial Intelligence (AI) is swiftly reaching a critical juncture, which will greatly affect a multitude of sectors such as business, healthcare, and agriculture. While the enhanced capabilities of AI offer considerable potential for beneficial outcomes, they also present a substantial obstacle to current legal structures regulating patents. This conundrum carries extensive consequences for creativity, economic growth, and the broader community.[i] In light of this, it is critical that stakeholders, including patent experts, policymakers, and academics, engage in robust dialogues to develop strategies for encouraging innovation and navigating the complex legal terrain that arises from patent law in the AI paradigm.[ii] The stakes are high, and the consequences of failing to address these challenges could be dire. In light of the current context, this paper examines various facets of patent law as they relate to AI creations, encompassing patent eligibility principles, the patentability of AI in the United States and India, and the more extensive consequences of AI and patent law's convergence. The paper offers a comparative analysis of the legal structures in these two nations, illuminating the similarities and distinctions in how AI is addressed in each legal system. In conclusion, the paper proposes a set of suggestions for modifying legal frameworks to keep up with the rapid advancements in AI technology. By concentrating on the difficulties that emerge from the interplay of AI and patent law, the paper underscores the necessity for continuous discussion and cooperation among all parties involved, ensuring that creativity flourishes in this rapidly changing and exhilarating domain.