Patentability of AI-Invented Inventions: A Global Legal Analysis

Abstract

Since artificial intelligence (AI) technology is advancing at a rapid rate, a legal question has been raised: Should AI be allowed to be recognized as an inventor in patent laws? The study reviews how the law on AI invention applies around the globe, mostly looking at rules, case decisions and relevant policies from key countries like the United States, United Kingdom, European Union, South Africa, India, China, Japan and Australia. A study of case law and by reviewing the examples shows that most nations agree that inventorship must be assigned to humans only, based on the legal and philosophical concepts of accountability. South Africa stands out as the only country to include AI legally as an inventor which points to legal issues across the globe and puts questions about international coordination in focus. The study ends by urging for flexible laws that can keep up with the gap between innovation and regulation and lists ways to ensure fair and timely treatment of AI-driven inventions, suggesting legislative reform, changing who owns inventions or creating unique legal protections for them.