SUI GENERIS PATENT REGIME FOR AI RELATED INVENTIONS
Journal: International journal of Intellectual Property Rights(IJIPR) (Vol.11, No. 1)Publication Date: 2020-01-31
Authors : Purwa Rathi;
Page : 12-25
Keywords : Patents; Patentability; Indian Patent System; Innovators statistics;
Abstract
AI technology, one of the primary contributors of 4th Industrial Revolution, has witnessed an unprecedented growth and extraordinary progress in last decade. The frenetic pace with which the technology has evolved left different sections of society with mixed emotions. As the scientific community is rejoicing at marvels they have gifted society with, the ethics community is implicating traditional qualms over moral intuition & absolutism, while the law makers are both perplexed and exhilarated understanding legal complications accompanying it.
Amongst array of legal challenges, rubric of patent law protecting AI solutions is hugely confounding patent law makers. Some of intriguing questions pertain to inventorship/ownership rights, patenting process, disclosure requirements of inventions enabled by or borne out of AI machines. Present paper explores above legal confines for both human and/or non-human contributor, and categorically attempts to address the hotly contested issue of patent law adjustments via adaptation through a sui generis framework.
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