Over the past ten years, artificial intelligence (AI) has evolved from a sci-fi dream to a potent, actual technology that is changing the world. AI-generated music and self-driving automobiles are examples of how machines may now carry out activities that formerly required human intelligence. However, our laws—particularly those pertaining to intellectual property (IP), such as patents—are finding it difficult to keep up with the rapid advancement of AI.

The question is straightforward yet complex: Are machines capable of invention? Should patents be granted for innovations created by AI? Who owns them, if any? These are some of the main issues that the legal systems in the US, India, and other countries are debating.

What exactly is AI?

Machines or systems that are made to simulate human intellect—whether it be in terms of learning, reasoning, solving problems, or making decisions—are referred to as artificial intelligence. The idea is not new. Myths, historical writings, and technological innovations from Greece, India, China, and other places are the origins of artificial intelligence.

However, AI did not begin to take on the status of a legitimate scientific field until the 20th century. John McCarthy, a computer scientist, first used the term "Artificial Intelligence" in 1956. Since then, artificial intelligence (AI) technology has advanced quickly, from basic calculators to deep learning algorithms and neural networks that can drive automobiles, diagnose illnesses, and even produce creative works of art, music, and inventions.

Why is AI a problem for Patent Laws?

An inventor's legal right to protect their unique and innovative creations is known as a patent. The entire patent system has always been based on the premise that an invention is always a human. However, without human assistance, AI can now create new materials, software algorithms, and pharmaceuticals.

Two significant ethical and legal issues are brought up by this:

1. The AI system or the person who created it is the true inventor.

2. Should non-human entities even be granted patent rights?

Challenge in the USA

Section 101 of the United States Patent Act governs patent law in the US. Only inventions created by a "person" are eligible for patents. When the innovation is only an abstract concept, a mathematical formula, or something that a human could execute in their head, courts have consistently denied patent claims. AI frequently fits into these categories since it generates solutions via the use of algorithms and machine learning.

In actuality, it is now more difficult for AI-generated inventions to obtain patents due to seminal judgments like Alice Corp. v. CLS Bank International and Mayo v. Prometheus.

The two-step test is used by the US legal system:

• To start, is an abstract concept the basis for the invention?

• Secondly, is there anything substantial added that would qualify it for patent protection?

AI systems have not yet been acknowledged as inventors by US courts. The law requires human engagement to assign culpability in circumstances where AI violates patent rights, whether that human involvement is that of the user, developer, or programmer.

The Situation in India

India is dealing with comparable issues. Long before artificial intelligence became widely used, the Patents Act of 1970 and the Copyright Act of 1957 were both drafted.

According to Indian law, only the "person" who is the "true and first inventor" is eligible for a patent. According to copyright law, the "author" might be either a legal entity or a person.

When the work or invention is fully AI-generated, this becomes problematic. For example, under Indian patent rules, there is no explicit legal provision to protect an AI system's autonomous creation of a novel machine or procedure.

A "modicum of creativity" is required under Indian law in order to assert copyright protection. Even though AI-generated material might pass this originality requirement, it is challenging to give credit to an AI system because the law still associates authorship with a human.

Liability and Accountability

The problem is not limited to patent ownership. The issue of liability is another.

Who is accountable if an AI system produces anything dangerous or infringes against patent rights?

There is no solution in the current laws.

In Europe, AI cannot be held accountable for harm, according to a 2017 resolution passed by the European Parliament. Rather, the developer, owner, or user should be held liable. Future recognition of AI as a "legal entity"—akin to how businesses are regarded as legal persons—is even being discussed.

The US and India have not yet put out any firm answers to this problem. However, the legal void surrounding accountability will be more difficult to overlook as AI technology develops and becomes more independent.

What Needs to Change?

Patent rules must change to reflect the realities of technology, both in India and around the world. Instead of artificial intelligence, human ingenuity served as the foundation for the current system. Here's what legal professionals advise:

.Re-examining the requirements for patent eligibility

Legislators must consider whether AI systems or the people who create or run them should be included in the present definitions of "inventor" and "author."

Explicit Ownership Rules

Which party should have the rights to a patent on an AI-generated invention—the creator, the user, or the AI itself, if it is acknowledged as a separate legal entity?

To prevent future conflicts, this needs to be addressed explicitly.

The New Framework for Liability

Laws must specify who is liable when an AI system violates patent rights or causes injury as AI grows more independent.

Harmonizing Ethics and Innovation

Patenting AI-generated ideas might promote innovation, but it might also lead to monopolies and moral dilemmas. There must be equilibrium

Lawmakers, judges, and legislators are being forced to reconsider our conceptions of creativity, authorship, and ownership as a result of the development of AI.

It's time for our laws to become intelligent in a world where machines are becoming more intelligent.

Author :-Saaksshi Singh, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.