Abstract—This study examines the expected interference of artificial intelligence (AI), which challenges the fundamental legal standards used in two principal aspects to protect the patent law: first, if any modification is required to promote the AI innovation under the current patent subject eligibility standard; and, second, if the inventions created by the AI must be patentable are crucial in order to patent issues of imminent disorder and merit discussion. The research also reviews the legal question of whether AI inventions can be properly protected without human intervention under the current patent scheme. To explore the discussion, the research starts with the methodology of “doctrinal” or “black letter law”. The study is also based on a comparative method to examine, where appropriate, the patentability and the problems of inventorship on the invention generated by the AI. The feasible recommendation is therefore that the patent system must find ways to help achieve its primary goals. This means that the definition of the individual, inventor and individual specified in patent law needs to be reviewed to ensure a valued identification of patentability and of an inventorship in the rapid development of the technology.
Index Terms—Artificial intelligence (AI), patentability, inventorship, human intervention, invention.
W. Lamlert is with Graduate School of Law, National Institute of Development Administration (NIDA), Thailand (e-mail: wariya.l@nida.ac.th).
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Cite: Wariya Lamlert, "Problems of Patentibility and Inventorship for Inventions Created by Artificial Intelligence," International Journal of Knowledge Engineering vol. 6, no. 1, pp. 12-16, 2020.
Copyright © 2020 by the authors. This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).
