Reconceptualizing inventorship: addressing the challenge of artificial intelligence-generated inventions

Abstract

The emergence of Artificial Intelligence (AI) has brought significant advancements in various fields, including the generation of inventions. However, this progress has raised complex questions regarding inventorship, particularly in cases where AI systems autonomously generate inventions. This paper explores the question of whether artificial intelligence (AI) entities can be recognized as inventors of patentable inventions. It discusses the challenges of AI-generated inventions and proposes updated patent examination criteria and guidelines. The European Patent Office and the United States Patent and Trademark Office have recently updated their guidelines to affirm the inventive capacity of individuals while considering the role of AI as a support tool in the examination process. The paper concludes by suggesting the consideration of a sui generis form of protection for AI-generated inventions, similar to concepts in intellectual property law, but argues against granting legal personality and assets to AI. Instead, it advocates for updating patent examination criteria to accommodate AI’s role in the inventive process.