AI as an inventor debate under the patent law: A post-DABUS comparative analysis

Abstract

Artificial Intelligence (AI) has gained momentum during the last decade, achieving narrow intelligence to general intelligence. The Gen AIs can generate original content and create patentable inventions. The key challenge is whether AI machines can be considered as "inventors" under the existing patent laws; this question has been challenged before various domestic courts. In this context, this paper analyses the interplay between AI and existing patent law frameworks; more specifically, we look at a post-DABUS case from a comparative perspective. The paper explores this question predominantly from the viewpoint of Australia, the United Kingdom, and the United States. The limitations of the existing patent regime and the need to adopt a flexible one that could adapt to the challenges posed by AI are highlighted. The crucial factors shaping the future direction of patent law in the context of AI debate, such as the evolving need for a sui generis law and convergence for a global standard, also form a part of this paper.