AI-GENERATED OR AI-AIDED? EXAMINING PATENTABILITY, INVENTORSHIP AND POLICY IMPLICATIONS OF AI INVENTIONS

AUTHOR – LASYA C R, STUDENT ALLIANCE SCHOOL OF LAW, BENGALURU, INDIA

BEST CITATION – LASYA C R, AI-GENERATED OR AI-AIDED? EXAMINING PATENTABILITY, INVENTORSHIP AND POLICY IMPLICATIONS OF AI INVENTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 362-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The research paper explores the evolving role of AI in the field of inventions, particularly focusing on the distinction between autonomous AI inventions and those aided by AI. As AI has now transformed from a tool in computational programming in computer systems to be a touch bearer in various fields, it has raised questions regarding the inventorship of AI inventions. Recent debates, highlighted by cases like the European Patent Office’s (EPO) rejection of DABUS as an inventor, underscore the lack of clear definitions and understanding in differentiating automation from autonomy within AI systems. This research examines the technical and legal implications of AI’s role in inventorship, considering issues of autonomy, the technical functionality of AI-generated inventions, and the policy challenges that arise. By analysing perspectives of the U.S., UK, Australia and E.U., this paper aims to clarify the technicality of AI inventions to aid understanding, in order to simplify the debate in adapting to policy frameworks for AI inventions. By comparing international perspectives and providing an analysis of patent law’s suitability for AI-generated outputs, the paper underscores the importance of balancing patent protection for AI-generated inventions with public domain preservation. Ultimately, it addresses whether our current legal landscape is capable of accommodating AI inventions and suggests a path forward.

Key Words: Artificial Intelligence, AI-Generated Inventions, DABUS, Automation, Autonomy, Inventorship, Patent Law