The Rise of Artificial Intelligence in Intellectual Property Law: Patentability and Copyright Issues

Abstract

The rise of Artificial Intelligence (AI) is transforming and posing important challenges in the field of Intellectual Property (IP) law regarding patentability and copyright. As AI systems increasingly produce inventions and creative works without human involvement, doubts arise on how suitable the present framework of intellectual property rights-invented to protect human-made innovations-is for such a confused state of AI. This paper develops its line of analysis around the AI implications for patent and copyright laws, checking out if current legal structures are such that they can address outputs from AI systems. While current laws in the patent regime recognize only a human inventor, an AI system can produce novel and non- obvious inventions. Should AI be viewed as an inventor, or would patent laws be transformed to recognize that AI is merely a tool in the invention process? The paper discusses various in-applicable case law and decisions such as the 2019 ruling of the USPTO that in certain inventions, the inventor could only be a human being, which manifests the fact that patentability frameworks remain unfit for AI-generated inventions. Moreover, in relation to copyright, it can be noted that the contingent works executed by AI challenge and suspend the necessity for human authorship. When AI generates such works on its way, the alternative arises and must be critically analysed who is to be considered the actual owner of copyright over the work? Current copyright frameworks in various jurisdictions, such as the U.S., do not extend protection to AI-generated works without incorporation of some human involvement in their creation. Possible suggestions of reform like placing authorship over X work under the AIs developer or user, or a New IP category addressing the input of AI in creation, formulations were discussed in the paper. Ultimately, innovations in both patent and copyright laws ought to grow in a balanced way that, while producing adequate protective layers over human creators, prepares itself to come into terms with rising Aid creativity and invention. For maintaining justice and fairness, reform in legal constructs for tracking with AI-generated creations is inevitable.