The patentability of ai inventions: Navigating the grey area between human vs computer innovation

Abstract

One of the most controversial topics today in the realm of Technology and Intellectual property Law is the patentability or not of inventions wrought by Artificial Intelligence. Significant progress in law has been made in this regard in jurisdictions like the United States and the United Kingdom where the consensus of judicial opinion is that inventions made by Artificial Intelligence, to wit, robots, digital assistants etc. are not eligible to be granted patent. However, there have been growing scholarly exhortations in legal cycles for possible review of this position. This article is a new addition to that increasing scholastic demand for the expansion of the parameters for patentability especially as it relates to Artificial Intelligence. It suggests amongst other things that while the patentability of each case of AI-driven invention ought to be decided on the merits of its own peculiar facts, nonetheless, the relative levels of involvement of the said Artificial Intelligence in the process of making the invention sought to be awarded a patent, and the substantiality or not of its contribution to the project, should also weigh high in the overall consideration of whether the resulting invention should be patented or not.