Journal of Intellectual Property Rights

Prachi Mishra ¹, Virendra Singh Thakur ², Shubham Shandilya ³, Ashish Kumar Singhal ⁴, Yugal Kishore ⁵

Affiliations
1 School of Law, University of Petroleum and Energy Studies, Dehradun -248 007, IN
2 Symbiosis Law School, Pune, Symbiosis International (Deemed University) Pune -411 014, IN
3 Melbourne Law School, Melbourne -3053, AU
4 ICFAI Law School, The ICFAI University, Dehradun -248 011, IN
5 KIIT School of Law, Bhubaneshwar -751 024, Odisha, IN

Abstract

The rapid development of Artificial Intelligence (AI) is swiftly reaching a critical juncture, which will greatly affect a multitude of sectors such as business, healthcare, and agriculture. While the enhanced capabilities of AI offer considerable potential for beneficial outcomes, they also present a substantial obstacle to current legal structures regulating patents. This conundrum carries extensive consequences for creativity, economic growth, and the broader community.1 In light of this, it is critical that stakeholders, including patent experts, policymakers, and academics, engage in robust dialogues to develop strategies for encouraging innovation and navigating the complex legal terrain that arises from patent law in the AI paradigm.2 The stakes are high, and the consequences of failing to address these challenges could be dire. In light of the current context, this paper examines various facets of patent law as they relate to AI creations, encompassing patent eligibility principles, the patentability of AI in the United States and India, and the more extensive consequences of AI and patent law's convergence. The paper offers a comparative analysis of the legal structures in these two nations, illuminating the similarities and distinctions in how AI is addressed in each legal system. The paper proposes a set of suggestions for modifying legal frameworks to keep up with the swift advancements in AI technology. By concentrating on the difficulties that emerge from the interplay of AI and patent law, the paper underscores the necessity for continuous discussion and cooperation among all parties involved, ensuring that creativity flourishes in this rapidly changing and exhilarating domain.

Keywords

Artificial Intelligence, Patent Regime, Innovation, Legislative Framework, Economic Growth, Patentability of AI

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