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Can A.I. Systems be an inventor?

IV year B.A.LL.B., Indore Institute of Law

Determination of Artificial intelligence as one of the world's most dangerous technologies invented by humans is well-known. But what if the so-invented AI becomes the first true and original inventor or develops copyrightable material? Will it get its artistic and intellectual rights on so-developed products or materials? To address this question, the researcher in their study came across a first of the world case wherein an A.I. is given the authority of the first-ever non-human inventor. Ideally and as per the literal interpretation of existing I.P. laws of India, the question seems very clear that even if A.I. invents anything, its inventorship should be given to A.I.'s inventor because they are the ones who gave commands, inputs, equations, and formulas; but it is not as easy as it seems. With the view that the Act and Regulations do not limit the interpretation of 'inventor' to being a human since and even if A.I. has its own long to reach on a position of Juristic person but the increment of technologies on exponential heights already giving way forward to legal positioning of A.I. As an A.I. named Sophia was already given citizenship in Saudi Arabia in 2017, and recently Jan 2022, an Australian Federal Court gave inventorship to DABUS, another A.I. invented by Notably, Dr Thaler. The paper submits that the concept of an 'inventor' should equally evolve and be flexible. The author endeavours to put forth the technical non-conventional ways of handling A.I. as an inventor with respect to international treaties, laws, and reports. The paper further attempts to analyse how effective it is in Indian laws to make suitable amendments by referencing ideas from Australian Patent Laws.

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