Sufficiency of Disclosure under Indian Patent Law Concerning AI-Generated Inventions

  • Divyansh Shukla and Harsha Aswani
  • Show Author Details
  • Divyansh Shukla

    Prof. at PSIT College of Law, India.

  • Harsha Aswani

    Advocate at Jodhpur, India.

  • img Save PDF

Abstract

The Patent Offices and the Courts of many countries such as the US, the EU, China, Japan have tried to interpret the existing patent laws to respond to the patent applications centered around AI being an inventor and has made some efforts to accommodate this massive breakthrough technology, but the Indian Patent Office or Courts have yet not taken any such initiative. This paper attempts to undertake a small step to see how capable the Machine Learning Model is in meeting the substantive and procedural requirements flowing from the issue of Inventorship under the Indian Patent Law. This shall be analyzed through the eyes of people from the field itself primarily, start-ups that have set their foot in the Indian AI market, IP Experts, AI-dedicated Scientists, and key Industrial personnel, to understand the practical nuances of this intelligent-looking technology better and analyze the probable "What Ifs" that shall come to the fore once the AI is supposedly considered a potential contender for the title of an "Inventor." The research is primarily mixed, adopting both doctrinal and non-doctrinal approaches to qualitatively analyze the issue about the intersection between AI-generated Technology and Patent Law.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 322 - 336

DOI: https://doij.org/10.10000/IJLMH.112468

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021