AI is not just helping people be more creative; it is also helping to create new inventions in the present technological revolution. AI is making a difference in a lot of areas, from making new products to making electronic circuits better and making medicines that save lives. But this sudden rise in machine-driven invention raises a big legal question: who owns the patent if an AI makes something new?
Let's look at this subject in more depth by looking at real-life examples, the current state of the law around the world, and what it means for businesses and innovators.
The DABUS Case: The AI Inventor That Started a Global Conversation
In this sector, the DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) scenario is one of the most talked-about cases. It has sparked debates on whether AI can be considered an inventor and the implications of granting patents to non-human entities.
Dr. Stephen Thaler produced DABUS, which made two things: a flashing light beacon for emergencies and a food container based on fractal geometry. Dr. Thaler filed patent applications in numerous countries that named DABUS as the inventor.
The US, UK, EU, and Australian patent offices, on the other hand, turned down the application since current patent rules say that only a natural person, or a human, can be considered an inventor. It's fascinating that South Africa authorized the patent. This was the first time an AI system was officially recognized as an inventor. But this choice was mostly based on procedure, not on a technical or legal study. The decision sparked a debate on the definition of inventorship and the role of AI in innovation. This case made people all around the world talk about whether the current IP laws are good enough to handle works made by AI.
What the Law Says: Can AI Make Things?
The discussion also raised concerns about the potential implications for intellectual property rights and ownership in the future. It highlighted the need for further examination and potential updates to existing laws to address advancements in technology and AI capabilities.
Most places have quite clear legislation right now:
• The US: According to decisions made by the USPTO and courts, an inventor must be a human. People don't think of AI systems as inventors.
• European Union: The European Patent Office (EPO) says that to be an inventor, a person must have been involved in the innovation.
• United Kingdom: In 2023, the Supreme Court of the United Kingdom affirmed the rule that only real people can be inventors.
• India: Non-human inventors are not allowed under the Indian Patent Act. The owner of the AI is usually the legal entity that runs it, like a corporation or researcher.
In short, AI can't get or own a patent yet. However, if the AI creator's contribution is significant, they can still seek a patent. This does not mean that AI-generated inventions are not safe. Patent law still protects inventions made by AI.
Who Is Recognized (and Has Rights)?
Most AI-assisted inventions are owned by the following people:
1. The Person Behind the AI: People frequently think that the person who uses AI to assist them in solving a problem or making a product better is the real creator.
2. The Employer or Organization: According to employment contracts, the company usually owns the ideas that people come up with, even if they were made by AI.
3. Through Contracts: When more than one party is engaged, including AI developers, research institutions, and corporations, contracts give ownership. This is very important for research and development that involves more than one person.
4. Licensing for AI tools: The terms of use for any external AI tool, like Google DeepMind or OpenAI's Codex, may affect who can see the outcome.
Real-World Effects: Trends in AI Patents
Recent data shows that the number of AI-related patent applications has shot up:
According to IFI Claims, big businesses like Google, IBM, Microsoft, and Nvidia were responsible for the 56% rise in AI patent applications in the US in just one year. This trend indicates that companies are increasingly investing in AI technology to protect their intellectual property.
The World Intellectual Property Organization (WIPO) says that by the end of 2024, there were more than 340,000 AI-related patents around the world. Generative AI applications will make up a larger share of these patents.
India has experienced a steady surge in AI patent applications over the past five years, especially in the areas of banking, healthcare, and agriculture.
These numbers show that companies and inventors are fighting hard to protect AI-related inventions, even though the law isn't clear.
Why This Matters to Researchers, Innovators, and New Businesses
If you're making an AI system or using one to make something creative, you need to know who owns it:
• A strong portfolio of patents can help raise the value of a firm and attract investors.
• Correct attribution can lead to license deals that make money for schools and universities.
• For large companies, staying ahead of the competition hinges on protecting AI-assisted breakthroughs.
To avoid legal problems, it's important to keep track of who did what during the invention process. Did the person define the problem? Organize the information? Tell the AI what to do with the output? These details are necessary when you file for patents.
Changes to the law in the future
More people are starting to realize that patent laws need to alter. To address AI inventorship, the USPTO and WIPO invited worldwide stakeholders to consultations in 2023. In places like the UK and Australia, people are starting to talk about whether AI should be recognized as an inventor in the future.
Some experts think that a new kind of inventorship should be created that gives the creator or owner of the AI rights and recognizes its role. Some others argue that the current system, which clearly shows who is responsible, is good enough for now. In any case, there will be progressive changes to the law.
Conclusion: Humans Remain in Control Until Laws Change
AI is changing how things are invented, but people are still at the heart of the law. In today's world, the best thing to do is to make sure that each patent application shows and talks about the people who helped come up with AI-generated ideas.
In the future, AI systems could be listed as inventors. But until that moment, the person who made the machine is still the rightful owner of its output.
The Good Things About Einfolge
Einfolge Technologies is good at figuring out how to deal with the complicated connection between intellectual property and artificial intelligence. Our experts can help you secure your creations, no matter how far in the future they are. They can help you figure out which AI-assisted inventions can be patented, write strong patent applications, and keep track of international filings.
We offer tailored IP strategies to protect and promote your innovation, whether you're a large company making self-driving cars or a small business trying out AI tools.
Do you need assistance with ownership of AI patents? Please get in touch with us now.
Read more- https://www.einfolge.com/blog/Who-owns-the-patent-when-AI-creates-new-inventions
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