PATENTING AI-GENERATED INVENTIONS: THE AI INVENTOR IS DEAD, LONG LIVE THE AI INVENTOR?

Abstract

As artificial intelligence (AI) systems become more sophisticated, their ability to produce innovative products and processes independently from humans is growing and their involvement in the inventive process is getting more pronounced. This is a challenge for UK and European patent law which is premised on human inventorship and first ownership of the rights to an invention by the human inventor. The present dissertation focuses on the response of UK and European patent law to inventions made by AI systems – AI-generated inventions. It discusses whether current UK and European patent law recognises AI systems as inventors, whether it should recognise them as inventors and how the ownership of patents to AI-generated inventions should be allocated between the various participants and stakeholders in the inventive process of AI-generated inventions. It is argued that current UK and European patent law does not recognise AI systems as inventors but their acceptance as inventors is desirable and preferable to other options. The ownership of patents to AI-generated inventions should not vest with the AI systems themselves but should be determined on a case-by-case basis and allocated among the non-inventing participants and stakeholders in the inventive process.