Autonomy of artificial intelligence in patent laws: Reconciling business incentive with traditional rules of inventorship with special reference to the jurisdictions of European union, United States of America and Japan

This paper highlights the ongoing conundrum between Artificial Intelligence and their patentability under current regime of patent laws in the selected jurisdictions. Authors have analysed the different standard parameters for granting patent protection in the few chosen jurisdictions of EU, USA and Japan. The key factors of determination for grant of patent in the said jurisdictions which has been taken into consideration in this paper are, subject matter eligibility, the involvement of human mind in the inventive steps to be taken, the requirement of disclosure of the key aspects of the invention, and lastly the threshold for deciding the inventorship. As we talk about the novel creations, AI machines are rapidly advancing to replace human ingenuity in the process of creativity and creating inventions with bare minimum human involvement. This is pertinent here to mention that if AI systems by themselves can produce optimum number of inventions at comparitively less cost and in relatively less time with more accuracy, the patent policies may need to be recalibrated. In this paper we have discussed how AI systems are able to generate inventions and their role in the inventing process, we have also discussed how far human involvement in the inventing process plays a crucial role in different jurisdictions, resorting to the real life example of DABUS. Further this paper proceeds with explaining the interface between concept of PHOSITA in light of the inventions created with assistance of AI, this is important for the theme of this paper as this part explains the challenges that AI is posing to deteemine the critaria of inventiveness in the process of creativity, which is a vital part for grant of patent. Lastly, authirs have concluded the paper on the note that patent law in its present state is ill equipped to facilitate the inventions created by Artificial Intelligence and any decision taken in hurry would only dismantle the present form of patent laws across the jurisdictios, and so the few suggestions to remedy this situation have been posed by the authors in the last segament of paper.