The Concept of ‘Inventiveness of Machines’: How Ready is Patent Law to Afford the Creative Inventiveness of Artificial Intelligence?

Abstract

Making science fiction a reality, Artificial Intelligence (AI) has become a transformative drive in almost every aspect of human life today. With the advancements of modern technology, AI has acquired the ability to think like humans and create inventions that are economically worthwhile. The concept of ‘inventiveness of machines’ has become a focal point in the field of intellectual property law at present. It has compelled the world to reconsider the parameters of patent law in terms of protecting AI inventors and inventions of AI. Simultaneously, the procurement of patents for inventions of AI has posed challenges not only in the legal field but also in ethical and moral aspects. As AI is gradually becoming an undeniable part of human life, every nation will have to adopt the developments of AI technology into their legal systems sooner or later. Taking the prevailing definitions of ‘inventor’ into account, this research mainly discusses whether machine inventors and human inventors be given equal protection of law or whether there should be different dimensions of protection. This paper also discusses the moral and ethical dilemma of granting legal recognition for AI inventors while examining the capability of existing legal framework including Sri Lanka in accommodating the inventiveness of machines. This research was carried out using mixed method approach. Literature review, qualitative and empirical research methodologies and comparative analysis were incorporated to strengthen the study. The paper concludes by highlighting the need of legislative intervention of competent authorities to reconsider the legal parameters to accommodate the possible challenges waiting to be imposed by inventiveness of machine in future. This paper also introduces the concept of ‘collaborative inventiveness of humans and AI’ and suggests recommendations to amend existing laws in a manner that they afford the technological advancements of modern times.