PATENT LAW & AI INVENTIONS – CAN AI BE RECOGNIZED AS AN INVENTOR?

AUTHOR – AKHILESH KUMAR RAJAN, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – AKHILESH KUMAR RAJAN, PATENT LAW & AI INVENTIONS – CAN AI BE RECOGNIZED AS AN INVENTOR?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 1112-1114, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Artificial Intelligence (AI) is changing the face of innovation at a very fast pace, causing complicated questions of inventorship in the context of existing patent legislations. In the current paper, the question of whether an AI system, like DABUS, can be considered an inventor under the field of patent law is investigated. With particular reference to the Indian Patents Act, 1970, it brings into focus that the provisions of the existing law indirectly limit inventorship to natural persons. Comparative studies with countries like the United States, United Kingdom, and European Union reveal an international rejection of AI inventorship except in a few exceptions such as the South African DABUS case. Policy and responsibility issues along with reasons for AI inventorship are given by the study to provide protection for innovation in the era of automation. It concludes that although Indian law does not yet acknowledge AI as an inventor, changing technology requires legislative acumen, policy development, and international collaboration—necessarily through such solutions as hybrid or sui generis methods—to align innovation with responsibility in law.

Keywords- AI, Patent, Inventor, Intellectual Property Rights, AI Inventions.