Status of Patent Laws in the Era of Artificial Intelligence
Keywords:
Artificial intelligence, patent act 1970, person skilled in the art, trade related aspects of intellectual property rightsAbstract
Artificial intelligence is the future of technology, and not just in the field of science. Right from the daily function in our households to the manufacturing process in big industries can be done by machines with artificial intelligence. But it needs to be seen whether this encroachment of artificial intelligence in our day-to-day life activities would not render its maker obsolete. The object of this research is to find out whether artificial intelligence (AI) can get a patent registered in its name as an inventor. For that purpose, it will have to be established whether an artificial intelligence can be considered a person within the meaning provided under the Indian Patents Act and other relevant acts or agreements and whether it can be considered the true and first inventor of an invention. The
research also focuses on the aftereffects of the grant of a patent to artificial intelligence as an inventor.
References
BL Wadehra. Law Relating to Intellectual Property. Ohio, USA: LexisNexis; 2019.
Avtar Singh, Harpreet Kaur. Introduction to Jurisprudence. Ohio, USA: LexisNexis; 2018.
Ibid.
Supra 1n.
Ireland I, Lohr J. (2020). ‘DABUS’: the AI topic that patent lawyers should be monitoring. MIP. [Online] Available from: https://www.managingip.com/article/2a5cxcoydfoc5lghlhrsw/dabus-the-ai-topic-that-patent-lawyers-should-be-monitoring.
Naina, Jasmeet Gulati. Knowledge or skill standard of a “person skilled in art”: Concern Less Visited, The John Marshall Review of Intellectual Property Law, 2018.
Roman Dremliuga, Pavel Kuznetcov, Alexey Mamychev. Criteria for recognition of AI as a legal person. Journal of Politics and Law. 2019; 11.
Russ Pearlman. Recognising artificial intelligence (AI) as authors and inventors under U.S Intellectual Property Law. Richmond Journal of Law and Technology. 2018; 24(2).
Shubham Singh. Attribution of legal personhood to artificially intelligent beings. Bharti Law Review. July-Sept 2017; 194–201.
