Artificial Intelligence and Inventorship Under the Patent Law Regime: Practical Development from Common Law Jurisdictions

Abstract Artificial intelligence (AI) is gradually becoming not only an emerging technology in the development policies and strategies for the national economy but also a significant challenge posed to various issues of law, including the patent law. Alongside the Industrial Revolution 4.0, the rapid technological and scientific advancement has enabled AI to approach the level of natural intelligence of humans or more. Noswadays, the development of technology has been demonstrated that AI is likely to autonomously generate inventions. In light of the fact that the identification of the inventor impacts the patentability of AI-generated inventions, this poses a new challenge regarding the inventorship of AI, with the most confusing question being whether AI should be recognized as an inventor. This article provides an overview of AI and patentability challenges to clarify the fundamental understanding of AI and material concerns regarding AI-generated inventions. Simultaneously, the authors examine the laws and practices in selected countries to provide the viewpoints of competent authorities on patent protection for AI-generated inventions and the inventorship of AI. Finally, the authors conclude with a discussion of the recognition of AI inventorship, patent protection for AI-generated inventions, an evaluation of the recognizability of Vietnamese patent law, and a call for further research on relevant matters.