Artificial Intelligence and Intellectual Property Law

Dec 2022

What is Artificial Intelligence?

The division of Science which deals with making machines equipped with human-like intelligence to act in human-like fashion and the exhibit human capabilities is known as Artificial Intelligence (AI). Multiple disciplines like Computer Science, Psychology, Philosophy, Sociology, Mathematics, Biology and Neuron Science contribute to the development of AI.

Benefits Of AI

AI systems can be useful to reduce human casualties in conflict situations and hazardous workspaces or during accidents and natural calamities.
They might also prove useful for extending their help in routine tasks like cleaning, shopping and transportation.
The artificial intelligence systems with the incorporation of complex technologies are capable of making astounding inventions in a matter of time.

Now the question arises that whether these works are also capable of affording special status under Intellectual Property Rights Law like any other work produced by a human being. Can a machine be an author or an inventor? Who is the owner of AI generated works or inventions? Who should be held responsible for the creations and innovations generated by AI, if they encroach upon others’ rights or violate other legal provisions?

AI and Copyright

Traditional Copyright law does not recognize AI generated work. It only protects the original creations of a human being.

According to section 2 (d) of the Copyright Act, 1957, defines “author” “in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;”

Where AI becomes more advanced and fully autonomous and when it has the liberty to make its own decisions, it may become even more difficult to say that by whom the creation of work was undertaken. As per current scenario only the human-authors of creative works may enjoy copyright protection.

AI and Patents

According to the WIPO Technology trend report of 2019, “India is emerging as a new target for patent filing in the field of AI and was ranked eighth for first filings in 2015”.

AI involving software are difficult to patent. The Indian Patent Office follows Computer related Inventions (CRIs) guidelines that prohibit computer programmes or algorithms from being patented. The same guidelines apply to technologies based on AI.

For an invention to be granted as patent, it should pass the patentability criteria -novelty, inventive step, and industrial applicability. The biggest challenge faced by the AI systems in obtaining a patent for their ‘inventions’ is satisfying this three steps test.

Conclusion

On a concluding note, The current laws need to be updated to permit grant of patents for inventions and lack of ‘legal personality’ status of AI systems is a major impediment in achieving this’. Assigning authorship and inventorship to non-humans is a novel way to promote the growth and development of AI, which will boost the appetite of this world for more invention.

Trending Blogs

Evaluation Intellectual Property Rights

Intellectual property has always existed since the dawn of time but there were no laws in place for their protection. Intellectual property is intangible asset, be it music, creative writing, arts, discoveries, inventions and development of unique words, symbols and artwork. Intellectual property rights is a generic term that covers copyright, industrial design, trade secrets, […]

3D Printing and IPR

The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]

An Overview of Copyright

WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]

Music Law 101: What Does Copyright Law Protect?

Music Law 101 is all about protecting different musical works along with sound recordings to its original creator. As copyright can be a confusing part, it is better to know what all it protects so that it becomes easy. It is known that each piece of recording has two types of copyrights. First, it protects […]

Lack of Music Publishing Knowledge Robbing Indian Artists of their Rights

In India there has been a lack of knowledge regarding publishing music. It can be said that a large part of publishing an art for is still unexplored. It is not about the common people but the artists and the music companies are oblivious towards it. At the initial stage due to lack of knowledge […]

Pharma Companies File 15% of Patents in India

The Indian Pharma industry is primarily known for its Generic Drugs. But recently, to push its value higher in the market, the Indian pharmaceutical industry is investing more in research and development of new drugs along with increasing the potency of the existing ones to move up the value chain. From 2013-2015, out of the […]

Celebrity Rights – Public, Private or Intellectual Property

Celebrity lives are mostly public these days through different sources but they too want to maintain certain privacy. This has triggered the need to maintain celebrity rights on different properties. There are several company options that are selling products with celebrity faces from bags to soaps to cosmetics to many others. It requires suitable celebrity […]

Early-Stage Intellectual Property to Raise More Money

What is Artificial Intelligence? Creation of innovative ideas is what matters the most in running a business. People were least bothered to patent the designs. But with increasing use of almost similar ideas in the businesses, it is of great importance to patent the ideas. This shall help in better growth of the business and […]

PTAB Should Not Disapprove Claims on the Grounds of Indefiniteness in IPR

Federal Circuit has disapproved of arguments of claims that show any reason other than anticipation pertaining to party procedures. Federal Circuit has rejected the challenge shown by Samsung Electronics America, Inc. The company challenged that PTAB can disapprove claims that are considered indefinite in IPR. Samsung has been charged on the grounds of infringing U.S. […]

The Big Push to Reform Music Copyright for the Digital Age

Music creators of the present digital age should be aware of the copyright issues better due to different reasons. Music is made available on different websites, and it is necessary to prevent the increasing problem of infringement. Pertaining to this, a number of bills are proposed in Congress that can enhance royalty payment for the […]