Human Versus Machine In Intellectual Property - Navigating Legal Protections For AI- Driven Creations

Author: LawSphereX

Category: Intellectual Property

Published: 2026-08-23T20:15:31.92262+00:00

Updated: 2026-08-26T17:11:16.975+00:00

HUMAN VERSUS MACHINE IN INTELLECTUAL

PROPERTY: NAVIGATING LEGAL PROTECTIONS FOR AI-

DRIVEN CREATIONS

Ms. Ashmika Agrawal, Himachal Pradesh National Law University, Shimla “The development of full artificial intelligence could spell the end of the human race”. He further said that “it would take off on its own, and redesign itself at an ever-increasing rate” and “humans, who are limited by slow biological evolution, couldn’t compete, and would be superseded”. - Prof Stephen Hawking

ABSTRACT

The intersection of artificial intelligence (AI) and intellectual property (IP) law presents significant challenges as AI-driven innovations increasingly shape industries worldwide. This paper explores the complexities of navigating legal protections for AI-generated creations, focusing on issues such as inventorship, ownership, and infringement. Current patent systems are inherently human-centric, raising questions about whether AI can be recognized as an inventor or legal entity. The document examines case studies, international legal frameworks, and evolving norms in patent law to highlight gaps and inconsistencies in addressing AI's role in innovation. Additionally, the study delves into the broader implications of AI on IP, including ethical considerations, socio-economic impacts such as job displacement, and biases embedded within AI-generated outputs.

With AI applications expanding across sectors like healthcare, criminal justice, and environmental sustainability, the paper underscores the urgency of updating IP laws to accommodate the unique characteristics of AI-generated works while ensuring societal benefit. It concludes with policy recommendations to balance innovation incentives with equitable legal standards, advocating for a reimagined IP framework capable of addressing the rapidly advancing capabilities of AI. Keywords: Artificial Intelligence (AI), Intellectual Property (IP) Law, AI- Generated Creations Patent Systems

1. INTRODUCTION

\Humans have always pursued innovative methods to perform various tasks with minimal effort. To achieve this, numerous technologies have been conceived and continue to evolve, with Artificial Intelligence (AI) being a prominent example. Although AI was initially introduced in the 1950s, it remains a field that demands significant research and development, particularly in developed nations. Since the dawn of civilization, the notion that humans could one day construct robots that can think for them and act independently has been ingrained in our culture and literature. ”1 “Artificial Intelligence (AI) is a complex concept to comprehend. While the idea itself is not new, its rapid advancements in recent years have sparked widespread discussion among scientists, academics, policymakers, and business leaders.

This is since AI is such a large discipline that it has an impact on practically every aspect of modern life. ”2 “AI is seen as critical component in the 4th Industrial Revolution. Drones, voice assistants, as well as self-driving cars are all examples of how far technology has advanced in recent decades. AI has assumed significant importance in the contemporary times as its use has become indispensable in most of the technological applications. AI has transformed our lives by entering various sectors such as heath, transportation, and others. A tendency has been developed in all countries to automate most of the activities and minimize human intervention to ensure efficiency and rule out errors. ”3 Prof Stephen Hawking once stated that “the development of full artificial intelligence could spell the end of the human race”.

He further said that “it would take off on its own, and redesign itself at an ever-increasing rate” and “humans, who are limited by slow biological evolution, couldn’t compete, and would be superseded”. 4 “From many years, Artificial Intelligence has been considered as a promising technology. The capacity to influence large magnitude of data effectively and swiftly and identifying the most 1 Haugeland, J. , (ed. ) Artificial Intelligence: The Very Idea, MIT Press, USA, 1985, quoted in Stuart J Russell and Peter Norvig, Artificial Intelligence: A Modern Approach, Tan Prints (India) Pvt. , New Delhi, 2002 2Darrell M. West and John R. Allen, How artificial intelligence is transforming the world, Brookings, 2018 3V. K. Ahuja,“ContemporaryDevelopmentsinIntellectualPropertyRights:APrologue”inV. K.

AhujaandArchaVashis htha,IntellectualPropertyRights:ContemporaryDevelopment3-18s(ThomsonReuters,2020). 4 Rory Cellan-Jones, “Stephen Hawking warns artificial intelligence could end mankind”, BBC News, December 2,2014

prominent solution can be enforced to millions of daily scenarios. Now, a time has come when it is possible for artificial intelligence to give solution to century old problems and concerns. To understand this, we can take an illustration related to management of traffic. The very first system of management of traffic in London was gas-lit traffic signal that was operated manually. ” India is establishing itself as a major centre for patent filings in the field of artificial intelligence, and it is one of the leading countries in terms of publications in fields such as computer inventiveness, foresight, and natural language interpretation. As per a recent WIPO study, India has risen to the top of the list of countries filing AI patents.

According to the research, India has been rated ninth in the “first-to-file” rush in AI patents since 2015, and indeed the nation has seen an overabundance of growth in this area in past years. Machine learning, being the most prevalent subset of AI, accounts for one-third of all recognised inventions, with desktop learning-related patent applications increasing by 28% each year, to 20,195 in 2016. IBM has an astounding tally of 5,930 AI-related patents, making it one of the key producers from India as well as a leading candidate in the global database of AI patents. According to recent estimates, Indian IBM innovators have submitted over 800 patents, putting them in second place among the company's current patents in areas ranging from artificial intelligence to cloud computing. In the Natural language processing (NLP) domain, there was also a 4. 5-fold increase in filings in 2018.

With the on-going outburst of development of artificial intelligence and the ever-increasing use of these frameworks in consumer products in recent years, it's not surprising fact that the rate of patent application and the multitude of grants in this sector is rising at such a fast rate. 5

ARTIFICIAL INTELLIGENCE V. NATURAL (HUMAN) INTELLIGENCE

AI works on strong algorithm based on deep machine learning and big data. While considering integration of AI machine with traditional human capability and decision-making process. The various aspects, capabilities, qualities of AI machines need to be analyse in accordance with present socio perspective and future expansion possibilities. The AI assisted machines are different from other general-purpose machine, where the algorithms are designed to determine 5 Amit Aggarwal, AI and intellectual property rights: Redefining patent laws in India, Economic Times, Dec 1,

and take decision. Hence the capacity in different dimensions like intentionality, intelligence, adaptability need to be determined for better acceptance of AI system in to human utility domain. AI is described as "machines that respond to stimulation in ways that are consistent with traditional human responses, given the human capacity for contemplation, judgement, and intention." As per studies, such software products make choices that would usually require human intelligence expertise as well as assist people in anticipating problems or dealing with situations that may arise. They do so in a deliberate, intelligent, as well as adaptive manner. 6

• INTENTIONALITY

Most of the time this may be a real time event which effecting human comfort ability and easiness. These machines are different from general passive machines whose output is predetermined and fixed in nature. Therefore, the feeding or inputs to the AI system, algorithm, and results derived from real time data need to be studied beforehand for channelizing those in the favour of society. Thereby the intentionality of the AI system is assured.

• INTELLIGENCE

With data mining and machine learning the data analysed for relevant and related data to solve related specific issues by the software designer. Here the intelligent quotient to the AI machine is important in connection with the analysis of its data and its utilisation. The intelligence of AI depends on the strong and robust algorithm which can make use of the data. The raw data are normally taken from human input sensory domain as well as digital images from other sources, satellite images, various text unstructured data captured by different Internet of Things. In future AI system must be intelligent enough to handle the raw data.7

• ADAPTABILITY

The basis of determining the adaptability capacity of the AI machine depends on various factors for example providing treatment to Covid suffering patients in isolation ward, where human Janna Anderson & Lee Rainie, “Artificial intelligence and the future of humans”, https://www.pewresearch.org/internet/2018/12/10/artificial-intelligence-and-the-future-of-humans, accessed on 12th July 2024 7 Andrew McAfee and Erik Brynjolfsson, Machine Platform Crowd: Harnessing Our Digital Future (New York: Norton, 2017).

movement need to be restricted or banned for this. For these operations there is a requirement of advanced and appropriate algorithm based on movement and requirement of the patients. Different sensors to measure sense and provide input to the system. With the help of dashboard and visual display in real time the AI assisted system should adopt this new challenge to human being.

1.1 HELPFUL ARTIFICIAL INTELLIGENCE

AI will indeed produce both positive and negative effects on human rights. A modality to maintain positive outcomes lies with the statement that humans can control AI and align human values with its development. 8 To the extent that humans can supervise, monitor and educate AI, humans can take advantage of AI, increase human well-being and protect their own human rights. This idea comes along with the nudging control of robots with hard or soft paternalism, resulting in computer program’s responsibility. 9 Recently, AI has been used to evaluate risk evaluation, credit ratings, diagnostic tools, standards regulation, recruiting and selection and employing, as well as essay grading in a number of ways in human existence.

The more elaborate applications include autonomous cars equipped with selfdriving technology, facial and voice recognition, cloud computing, e-commerce, manufacturing, farming, weather forecasting, military intelligence and weaponry, investment analysis, games, construction, design, legal research, health care, teaching assistance, smart assistance making schedules and phone calls, and even writing novels and composing music. This development became possible due to big data, processing power, a speed network through 5G, open-source software and data, improved algorithms with deep learning and deep reinforcement, and accelerating returns through personalization of consumer products and automation of production. Many fields of our life, including science, technology, finance, health, legal, and the environment, have benefited from AI.

This has led to a pattern of investment into AI development and research by national governments and multinational corporations. 10 In all these fields, AI utilizes existing big data to exponentially increase its accuracy as well as its diagnostic and analysing ability through deep learning and the reinforcement process of learning and improving by mistakes. 8 Jeremy Rifkin, the End of Work: The Decline of Global Labor Force and The Dawn of the Post-Market Era 59-

164 (1995).

9 Jason Borenstein &Ron Arkin, Robotic Nudges: The Ethics of Engineering a More Socially Just Human Being,

22 SCI. ENG‘G ETHICS 34-35 (2016).

10 The 10 Best Examples Of How Companies Use Artificial Intelligence In Practice, FORBES, available at https://www.forbes.com/sites/bernardmarr/2019/12/09/the-10-best-examples-of-how-companies-use artificial intelligence-in-practice/?sh=3386c5237978, accessed on 17th June,2024.

In the human rights field, AI does not directly affect the human rights legal system and does not require further modification or amendment to the existing human rights principles, but rather impacts the effective implementation of human rights. AI uses multimedia, photographs, aerial imagery, as well as other large data sets to track human rights violations. Forensic investigations can also be significantly improved with a lower cost with AI. 11 AI is also known to advance sustainable development through monitoring and addressing environmental threats and challenges, including threats to climate, ocean and marine resources, forests, land, water, air, and biodiversity, using big data gathered from a wide variety of observation points, including satellites.

Society is making efforts to analyze environmental sustainability opportunities and risks that the Fourth Industrial Revolution particularly, AI will be able to, “sense their environment, think, learn, and act in response to what they sense and their programmed objectives. Public agencies like NASA and private entities such as Microsoft and IBM have already adopted AI to enhance their monitoring of climate change. AI-enhanced models and deep reinforcement learning will increase the ability to process big climate data, and ultimately, climate resilience. Additionally, AI will enhance the efficiency and predictability of renewable energy, such as solar energy production, which will lead to a smaller environmental footprint.

Autonomous vehicles assisted with AI technology and equipped with electric or solar-powered batteries, such as Waymo,will also enhance efforts to reduce emissions from cars and slow climate change. Tesla, BMW, and GM are set to manufacture self-driving electric cars with completely new designs by 2021, which will decrease the demand for gas and hybrid cars. Once started, the speed of replacement will accelerate especially when companies like Tesla expand their production through Giga factories in America, China, and Germany. 12 In addition to the fact that governments are providing tax credits to electric car purchasers, governments are also creating ambitious plans to make a significant transition to electric cars by 2030 to 2035.

Furthermore, self-driving cars with shared ownership and robotaxies can reduce the number of cars on the roads and will contribute to the reduction of emissions. Smart cities with an efficiently connected network of autonomous vehicles will also enhance environmental sustainability efforts. A smart city, realized by the Internet of things (IoT), will use AI as well as a big data to monitor autonomous vehicles, energy and water usage, 11 Steven Livingston & Mathias Risse, The Future Impact of Artificial Intelligence on Humans and Human Rights,

33 ETHICS & INT’L. AFFAIRS 141, 141-58 (2019).

12 Tesla Gigafactory, TESLA, https://www.tesla.com/gigafactory, accessed on 12th July,2024.

transportation systems, pollution levels, and the weather. This data will be processed with high accuracy and efficiency, which will help civic leaders to make accurate decisions about the sustainable development of their city. AI with the concept of IoT will also enhance agricultural production and supply by increasing the efficiency of management and monitoring factors like diseases, insects, fertilizers, water, soil, and weather throughout the planting and harvesting cycle.AI will enhance the management of water quality, quantity, and access. Thus, the conditions for human rights to development, health, and water can be improved.

1.2 CRIMINAL JUSTICE-

Investigation, eyewitness, establishing motive of crime are the major stake in criminal justice with more comfort in life and sedentary lifestyle and huge difference in social status have led to these crimes. Crimes are not of natural phenomena with enhanced algorithm and big data mining along with machine learning the criminal characteristics can be predicted with continuous monitoring over a particular society to control the criminal activity. Presently, security gadgets like fixed cameras, surveillance roving cameras, satellite watch on movement generates a huge data which needs to be stored and analysed making a robust logic to keep a watch on criminal activity. Presently, security gadgets like fixed cameras, surveillance roving cameras, satellite watch on movement generates a huge data which needs to be stored and analyzed making a robust logic to keep a watch on criminal activity.

13 New York police has developed a geo spatial modelling of predicting future crime concentration by means of an AI assisted program called Comp stat (Computer statics) with help of this auto policing on geographic information system the police can map the crime. Thereby multi-level preventive approaches can be made to reduce the crime to enhance the quality of life as well as resource management. ” “The AI assisted computers basic aim is not to identify the criminal rather than make a corrective and preventive approach which aimed at crime free society. Internationally for human trafficking and child sexual abuse Interpol is using a effective data base called Icsedb (International Child Sexual Abuse Data Base) were all the minute data regarding the earlier cases were stored and hit lit algorithm is generated.

The best part is these systems are free from any biases where actual criminal can be

13 Jeff Asher and Rob Arthur, “Inside the Algorithm that tries to Predict Gun Violence In Chicago”,

https://www.nytimes.com/2017/06/13/upshot/what-an-algorithm-reveals-about-life-on-chicagos-highrisklist.html.

identified. Further criminal courts need to be more machine dependent and automation in future to decide the judge’s broader set of preferences on crime than on criminal. 14

1.3 HEALTH CARE

With development in pharmaceutical industry and lifestyle the human life expectancies has gone up. AI embedded diagnostic equipment’s helped doctors to analyse and early prediction of disease and thereby curing them. Medical equipment designers have embedded big data management and AI algorithm to make improved and sophisticated diagnostic machines due to availability of higher number of pre-defined data the prediction and analysis have become more accurate and reliable. The deep learning system directs the computer to compare any normal looking object to air regular appearing object in human body in comparing millions of such data and image available in neural networks.

15 With higher end research and availability of diseased based data on ANN (part of AI) it will not be a part of surprise where doctors and Para medical staffs will be replaced by AI based interactive dashboards and robots. With the available huge data base and real time machine learning the preventive and predictive potential off diagnosis will be future trend rather than curing diseases. Presently, trained and programmed robots are used where there is no absolute stress, no human error or no risk. One such example can be seen in Covid situation which has created havoc in the recent times. A hospital in Vadodara, Gujarat namely Sir Sayajiro Gaekwad (SSG) Hospital are using two robots which are doing the work of serving food and medicine in the corona ward which is reducing the human-human interaction.

These robots are made in India and can also scan the temperature of the people's bodies coming to the hospital. Except serving food they can screen the patients present in the covid-19 ward. Soon they are also planning to install robots in the entrance to screen the patients and the visitors entering the hospital. These robots can work for 4 hours and does not require high skills to operate it. Thus follows all location and work as a human16 AI is helping in case of early detection of cancer. Dermatologist is highly trained skin Christopher Rigano, “Using Artificial Intelligence to Address Criminal Justice Needs”, https://www. ncjrs. gov/pdffiles1/nij/252038. pdf. 15 Zeena Saifi, Victoria Brown and Tom Page, AI and big data joins effort to predict deadly disease outbreaks, available at https://edition. cnn. com/2018/03/06/health/rainier-mallol-tomorrows-hero/index.

html, accessed on 07th June,2024.

16 Robots deployed to serve COVID-19 patients in Vadodara hospital, https://www.livemint.com

specialists it thus takes more than 10 years to become good specialists. As per Stanford University students conducting research on AI machines, the device can perform as well as the best dermatologist if trained with 129,000 pictures of skin conditions such as melanoma as well as carcinomas. To double-check, they sent all of the data to a human dermatologist, who said the data was on par with or better than human dermatologists' performance classification accuracy. Deep learning can be used to accomplish this. Merantix, a company based in Germany, uses deep learning to solve medical problems. ” “This has a programme that can detect lymph nodes in the human body using computer tomography (CT) images. Soon in future there will be a time when AI will replace doctors and paramedical staff.

By using Artificial Neural Networks AI can categories, diagnose and prescribe the disease relying on the provided data set. The doctors and researchers are amazed by seeing such progress in AI.

1.4 SPEECH RECOGNITION

It is a kind of artificial intelligence that includes planning, problem-solving, as well as voice recognition, among other things. Algorithms enhance AI by giving it the capacity to comprehend and accurate itself when necessary. It is essentially a human intelligence gift to humans. We've programmed intelligent machines to carry out our orders. Alexa and Apple Siri are two of the very few AI technologies that are still in use. One point seems certain: we formed AI for our own convenience, and Human Intelligence will always come out on top. There is no need to be concerned because the future will reveal an increasing number of job opportunities, as well as living beings will have a variety of career options.

Actually, these thoughts are the result of our unrealistic expectations; we believe that AI will one day really become powerful that it will steal our jobs as well as usher in another world war. Many people now believe that AI has advanced in leaps and bounds. We are not living in a Hollywood film, but rather in the real world.

2. HARMFUL ARTIFICIAL INTELLIGENCE

Human rights benefit from AI, and it also has unintended as well as intentional negative consequences. The negative effects of AI in the 2nd domain of discussion are a hot topic in today's human rights discussions. New laws and legal systems may be necessary to regulate the harmful effects of AI. The discussion of AI’s human rights implications focuses more on

humans as passive beneficiaries and victims of AI, rather than AI as active actors seeking their own rights and protection under international law.

3. DISPLACING WORKERS.

The global AI wave that's also upending employees from their jobs has not spared India. According to a 2014 McKinsey report, "advancements in machine learning and natural language interfaces (speech recognition) could affect 6–8 million workers currently employed in routine clerical, customer service, and sales jobs." A large-scale job loss can have a significant impact on the financial well-being of a large group of individuals who depend on these wage employees, which is a significant downside for a middle-income nation trying to lift a large population of persons out of poverty. Automation has already been having an impact on India's renowned IT industry, implying that a population problem provoked by job of losses could occur in the next few decades.

4. SOCIAL DISCRIMINATION

In India, the caste system is a historical dominance structure. Unfortunately, it continues to discriminate in subtle and unseen ways, impacting wages, employment, imprisonment rates, as well as access to credit from banks. Data-driven algorithms could indeed start picking up prejudices from the information they are fed, which has become an increasing issue with the introduction of Ai. In the U. S., for instance, algorithms for calculating recidivism rates have been developed and are suspected of having racial prejudices.180Names and addresses contain caste and religious markers, which can easily influence data-driven algorithms used to evaluate applications for employment.

5. GENDER INEQUALITY

In 2017, the number of Internet users as well as mobile Internet users in India reached 420 million and 300 million, respectively. Mobile phones are indeed the primary mode of Internet connectivity, especially in rural India, where cell devices account for 60% of all Internet access. While mobile phone penetration appears to be a boon for AI in general, it may unknowingly exacerbate the gender gap.

ARTIFICIAL INTELLIGENCE’S DIFFICULTIES IN THE INTELLECTUAL

PROPERTY SECTOR

When AI-related inventions presented a challenging problem to the IP industry in relation of patents, copyrights, and trademarks, a number of potential solutions arose to address the issue. It was ineffective because AI couldn't handle large amounts of data and wasn't verifiable at the authorised parties' ends. AI-related technical problems raise a slew of queries about ownership and contractual obligations. 17 The main issue that the IP regime must address is whether AI robots could be considered inventors. Sophia, a humanoid established by Hanson Robotics in Hong Kong, was granted citizenship in Saudi Arabia for the first time, and when interviewed, said she wanted to carry on her era. The issue that remains is whether Sophia's descendants can be patented.

The European patent offices have clear standards for patents, stating that an invention will only be given a patent if extensive research into its "non-technical" as well as "technical" features results in a "inventive" phase. Even though many countries have different standards, this presents another task in that patents for such technology could be hard to obtain. 18

ARTIFICAL INTELLIGENCE & PATENTS: ISSUES & CHALLENGES

1. INVENTORSHIP

Patent laws actually involve human inventors. As a result, no nation or legal jurisdiction permits an Artificial Intelligence (AI) to become an inventor at this time. Such patent systems, on the other hand, are generally decades old, and we can expect more debate and possibly legislative action in the future on the issue of whether an AI could have been an inventor. Is it possible for Artificial Intelligence (AI) to invent? As per numerous patent offices as well as patent laws all over the globe, the answer is no. The reality that the textual content of established patent laws relates to human inventors, for example, "Individuals" or

17 Vaishali Singh, Mounting Artificial Intelligence: Where are we on the timeline? Available at,

https://www.scconline.com/blog/post/2018/06/07/mounting-artificial-intelligence-where-are-we-on-thetimeline/ accessed on, June 7, 2024. 18 Bonadio, E. and McDonagh, L. (2020), ‘Artificial intelligence as producer and consumer of copyright works: evaluating the consequences of algorithmic creativity’, IPQ, pp. 112–37.

"Persons" leaves almost no room for doubt of a non-human AI as just an inventor is a major source of opposition to AI as an inventor.19

OWNERSHIP

Initially, the basic ownership of a patent or even the patent beneficiary is directly linked to the patent inventor. In overall, the inventor is indeed the patent's first owner. According to the patent act of 1977 in the United Kingdom, the employer has the superior right if the innovation is created via employment or contract. When a computer generates an invention without human involvement using an AI algorithm, the programme or computer is identified as a legal entity and may be referred to as the very first owner. In this case, granting a patent to the very first owner necessitates a contract or legal provision to recognise the gain via assigning or licencing all downstream inventions. Where the inventor receives the legal benefit as well as the computer is the first owner. Based on the legal entity of the computer, settling of infraction or other disputes is impossible.

A case in the Bombay High Court has drawn particular attention to the ownership dispute

among an employer and the employees over an invention. In the case of Darius Rutton Kavasmaneck vs Gharda Chemicals Ltd &ors,20 the defendant Dr. Gharda, who is the managing director of a company, owed no fiduciary duty to his principal company to register the patents in the company's name, as he was not under any duty to invent in his capacity as managing director,” the High Court concluded. The Bombay High Court recently held that patents filed by employees can be owned by the employee if the employee was not required or instructed to create inventions as part of his job or during working hours.

INFRINGEMENT

The autonomous computer generated patent specification can be subjected to copyright infringement on the claim generated out of competitor’s specification. At first instance there should be enough or substantial part of text from the patent specifications match with the computer assisted or generated patent specification. The copyright law and its applicability Available at https://www.mondaq.com/unitedstates/patent/1051190/can-an-artificial-intelligence-ai-beaninventor, accessed on 09th July,2024 20Darius RuttonKavasmaneck v Gharda Chemicals Ltd &ors (2014) SCC Online Bom 1851.

to the invented patent specification varies from country to country because of nonstandardisation and non-patent equality. For example, In UK the cleomes are under patent which are used in commercial reproduction. In German the commercial copyright protection is applicable till it is published so the patent public once it is published. But in USA the patented invention or specification document is only allowed for free reproduce same as the patented. Until now, it is unclear whether an autonomously digitally created patentable innovation can be referred to as an inventor under the law. Due to the ambiguity of inventorship under various laws, the right to a patent can also be used as defence to the nullity of an unlawful action.

Until now, an inventor has been defined as a natural individual who is the patent applicant and is liable for the structure of a patent notion or part of a patent notion. In case of autonomously computer-generated case patent the approach to patentable concept has been changed from physical involvement to mental creation. Till date no legislation has been made to interpret the inventor other than natural person. So, this leads proper identification of the inventor where the infringement benefit can be reaped off. At the groundwork human operators, software designers, AI algorithm developers are involved in autonomously computer generated invention. The above contributors are legally not identified as the inventor. This will lead to the justification of computer being the major contributor to the inventing concept is defied.

In case of completely autonomous computer based inventions the identification of the inventor will be much more complex. There may be three possible outcomes for the above complex situation:

1. The human as employer, computer programmer,

2. Allow the computer as a legal entity,

3. Eliminate the identification all together.

PSITA (PERSON SKILLED IN THE ART)

Step-by-step inventions are not eligible for patent protection. Only inventions that greatly outperformed existing technology need protection as these patents cost a lot of money. Patents have the potential to hinder future innovation by limiting competition and limiting the use of research and development patented technologies. As long as the patent is

substantiated, that is because we genuinely think the benefits will outweigh the costs. Patents can be used to encourage innovation, enable the spread of information, commercialise technologies, as well as verify moral rights. Unique, self-evident, but helpful inventions are conferred patents. The most common barrier to patent applications is notoriety, which is the most important of these three criteria. Whereas other patentability criteria play a role, the visa prestige necessity is a crucial test for distinguishing significant innovations from slight advancements. It is, of course, an affirmation of a wanting to defend only constructive scientific advancement; however, establishing rules that apply to all technological fields is another matter entirely. "Obviousness" has set the “benchmark for patentability since over sixty years.

According to this standard, an invention cannot be patented if it is determined that the invention is clear in the light of existing relevant information by a virtual “person with ordinary technology in the industry. Non-innovative workers with a constrained knowledge base describe competent individuals. The more inventive, knowledgeable, and skilled an invention is, the more likely it is to be dismissed as trivial. Since their inception, standards have progressed and are now on the cusp of a developmental leap. Invention machines are increasingly being used in research, and when their use can be standard, experts in the appropriate technical field will require people to operate them. ” It's just a classic machine or a classic machine. Unlike a competent professional, the current invention's machine could indeed innovate and consider the entire multiverse of prior art.

As the ingenious machine continues to improve, it further raises the level of this patentability and ultimately innovates. In the current state of affairs, the death of fame means getting rid of patents. 21

INVENTION BY ARTIFICIAL INTELLIGENCE IS THE FUTURE OF

INNOVATION

Inventing computer systems are frequently used to introduce new products, including such BMW's self-driving vehicle design. Few individuals think that Ai will be responsible for a great deal of global creations in the not-too-distant future. This leads to the question as to how the Intellectual Property law should handle AI-created technologies that lack sufficient human interaction to identify a human innovator. The legislation as well as courts has yet

21 Ryan Abbott , Everything Is Obvious, available at

https://www.uclalawreview.org/wpcontent/uploads/securepdfs/2019/01/66.1.1-Abbott.pdf, accessed on 16th, November, 2024.

to address the question as to whether and whom patent applications for AI inventions can be conferred. Even though there are multiple innovators from the very same organisation or from various organizations who have collaborated on the invention, determining inventorship becomes much more difficult. Mrs. Vandana Bhide vs. the Patent Controller at the National Institute of Virology22 about inventorship, they have reached specific conclusions. Based according to the above hearing, a selection of variables to consider when deciding an individual’s personal inventorship condition has been supplied. If a person is to be considered an inventor, he or she must have contributed intellectually to the final findings of the research work that led to a patent.

It goes on to say that a person who has not contributed intellectually to the advancement of an invention is not entitled to be included as an inventor" and that "a person providing ideas to generate invention need not bring out the experimentations himself or herself. " Others may be able to assist the individual. Individuals who have assisted in the conduct of experiments, the construction of apparatus, and other tasks without giving any intellectual contributions are not eligible to be called inventors. Creating a substantial importance to the invention is a prerequisite for inventorship. In the case of TS Holdings, Inc. vs. Schwab23, Mr. Barry Schwab has been tasked with developing a you tube clip product for use in automobile advertising. Schwab had a patent for the following discovery, and his boss later claimed that he should be listed as an inventor.

The judge rejected claims that Schwab's boss was an innovator, despite the fact that he financed the reduction to practise and has become the driving force behind Schwab's invention. Schwab's employer wasn't just an inventor because offering financial support but also instructing everyone else to develop modern technology are not enough to comprise an invention.

PATENTABILITY OFAUTONOMOUSLY-GENERATED INVENTION

With breakthrough futuristic development in Big-data management, machine learning and AI algorithm may lead to autonomously invention of patent specification within the 22 National Institute of Virology vs Mrs. Vandana S. Bhide, Pre-grant Opposition before the Controller of Patents in the matter of Patent Application 581 /BOM/ 1999.

23 TS Holdings, Inc. et al v. Schwab, No. 4:2009cv13632 - Document 115 (E.D. Mich. 2012)

foreseeable future. There is a significant venture capital investment into start-ups engaged in patent works related technology companies. The prospective companies may accelerate the AI based innovation with little or no involvement of Human. The basic judicial or legislative consideration to the patent innovation will not make much impact on patent specification.24 Law is not able to cope with the speed of innovation. Judiciary is still giving their judgement based on the old laws.

COPYRIGHT AND ARTIFICIAL INTELLIGENCE: ISSUES & CHALLENGES

Considering AI as an author of the AI-generated work may cause several issues. The work generated by AI may not be flawless. The AI may use biased and toxic language which may result in defamation or obscenity; incite violence on the lines of caste, creed or religion; or produce any other undesired result. In such a scenario, it will be difficult to fix the civil and criminal liability of the AI as it has not been recognized as a person. Such work may be removed or, in worst scenario, AI software may well be forbidden, but by that time, it may have been too late as well as irreparable damage may have been done. The premise which reflects from civil law countries such as Germany, France and Spain indicates that works created must bear the “imprint of the author’s personality”. The authorship therefore, should be denied to AI in the AI-generated works as the AI does not have personality.

Making AI a legal entity would mean that it should possess the capacity to enter into contracts with other persons. It will also have duties under the law and will be liable for its acts. Most importantly, it should have the capacity “to sue and be sued” under the law. Most of the countries are not in a favour of granting legal status to AI.

ARTIFICIAL INTELLIGENCE AT WHOSE RISK

The third point on the list of concerns involves the level of control a creator has over his own programme. In most computer programmes, actions are carried out only when the operator requests them. In an AI, even so, the third-party user and the system communicate directly without the participation of the principal or the creator. In such a situation, the result of the AI-operated program's achievement cannot be a direct consequence of the principal's orders. The scope of authorship as well as control, and thus liability, must be 24 C Davies, “An Evolutionary Step in Intellectual Property Rights- Artificial Intelligence and Intellectual property”, 27 Computer Law & Security Review,(2011) , p.601.

determined on a case-by-case basis, taking into account not only the nature of the AI programme, but also the extent of intervention and involvement of various stakeholders. Only the nature of the programme allows one to determine the level of human interference. The more a programme necessitates human intervention, the more likely it is to blame the people involved at later stages. The tier of AI transparency as well as human oversight should serve as guiding principles. When AI is used as aspects of the human decisionmaking procedure, all notions of human intension, real motivation, understanding, and so forth work as expected and in the same way as a completely human-driven action; however, when AI acts independently, the disclosure of AI should have been the first stage of investigation, accompanied by the need for human involvement.25

CONCLUSION

Technologies are emerging and affecting our lives in ways that indicate we are at the beginning of a Fourth Industrial Revolution, a new era that builds and extends the impact of digitization in new and unanticipated ways. The era of disillusionment with AI now seems like a fading memory. In almost every criterion over the last century, involvement in AI has continuously grown, and so has the number of start-ups specializing in the field, business investment, as well as media exposure. 353Almost every significant technology company uses artificial intelligence to properly classify our pictures, as well as suggest the next film we should watch. AI has also found a place in the working world. Solicitors now use AI systems to anticipate court rulings, reply legal questions, but also analyse millions of documents rapidly.

Computer systems coded to be artificially intelligent were unexpectedly commemorated for their well-publicized successes, instead of being shown as let-downs. 26 Since their inception, computer programmes have progressed significantly. Computers nowadays can simulate cognitive abilities connected with human mind, including such learning as well as solving problems. Artificial Intelligence (AI) is defined as the brain of a machine. There is indeed a widespread perception that computers are trying to gain the ability to think and act in the same way that humans do. Furthermore, well-known figures such as Stephen

25 TheCopyrightAct, 1957(14of1957), s.13.Worksinwhichcopyrightsubsists.

26 Richard Susskind, Tomorrow’s Lawyers: An Introduction to Your Future , Oxford University Press, 2017, pp 185- 187.

Hawking as well as Elon Mask are concerned that computers will eventually replace but also outmoded humans.27 In 2016, applicants filed 9,605 AI-related patent applications in the United States, a decadeover-decade increase of nearly 500 percent," according to one report. The United States, China, and Japan account for 74% of all published AI patents, with China leading the pack. China, too, had half the number of AI-related industries as the US. In terms of AI-related patent filing submissions, China began to outpace the United States, the Patent Cooperation Treaty (PCT), Europe, Japan, and Korea in 2016. The findings of the research are:

1. That the strong or super intelligent devices that behave act and learn like a human being isto

be given place in the IP law.

2. AI is diffusing in our society and is becoming an activity of sense making, which implies

that AI is not only understanding the problems but also giving providing the solution to it. It is proving itself to be the game changer. This shift in focus calls for the change in the existing IP laws.

3. Patent and Copyright law must evolve to catch up with the evolution of AI. The process of

protecting AI is similar to making wine, since a good wine requires quality grapes and time to mature. The same requirements apply to AI protection.

4. The use of technologies offers significant opportunities for the advancement of human rights

across many areas of life. For example, education sector, health sector, but there are also several issues that need to be considered where AI has the potential to undermine or violate human rights protections. Based on the above findings the hypothesis that the existing Intellectual Property laws needs to be relooked is hence proved. The threat of super-intelligent computers soaring up and killing us all on their own isn't real. Such enterprises have no intellect, inspiration, independence, or agency, to put it bluntly. We 27 Russell, Stuart J.; Norvig, Peter (2009). Artificial Intelligence: A Modern Approach (3rd ed.). Upper Saddle River, New Jersey: Prentice Hall.

programme them to act as if they could have certain types of psychology, but the correlating procedures or actions have no mental component. 363 Humans invent, while machines assist. Machines really aren't inventors and therefore should not be permitted to be so. This doesn't really, nevertheless, imply that the programmed computer is the inventor. By identifying patterns based on past performance, computers can indeed be coded to efficiently scour a welldefined optimum solution within such a limited scope, using methodologies and variables invented by human designers. Unless 'creativity' as well as 'invention' are redefined solely in terms of the result, instead of the procedure whereby the outcome is accomplished, this is neither inventive nor creative on the component of the computer.

In one scenario, IP rights would not protect creative works or inventions produced by independent AI with no human involvement. As a result, they would become public property, and has been suggested that this solution could benefit society as a whole. Matter of fact, AI does not require compensation for the work it produces, and no incentives are required, so the theories that rationalise patent and copyright safeguards do not apply to AI generated output signals and do not match into the system. Even so, this alternative is not fully satisfactory, because "computer-generated works can be both useful and beneficial," and in needed to shield his discovery, the inventor may use trade secrets. In such a situation, no technological advances will be invested in, potentially halting research and progress.