AI and Inventorship
Anagha Tendulkar, In-house Patent Counsel, Cipla
Artificial intelligence (AI) is a cutting-edge technology that has been generating substantial attention worldwide recently, including in the patent community. Balancing the rapid development in AI and adapting the patent laws to fit the dynamic nature of AI has been challenging. Whether AI can be named as an inventor on a patent has been one of the key discussion points in the patent field. Until now, the worldwide legal approach has been that only a human being can be named as an inventor on a patent. Dr Stephen Thaler, an American physicist and chemist, created an artificial intelligence (AI) Device for the Autonomous Bootstrapping of Unified Sentience (DABUS). He alleged that DABUS was capable of invention through independently conceiving simple ideas and transforming them into complex notions. DABUS was named as the sole inventor on two patent applications filed by Dr Thaler.
This article explores the standpoint of various jurisdictions on this issue. This article also focusses on the various arguments made in favour and against the naming of AI as an inventor on a patent.
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