Evolution of Artificial Intelligence- Rights and Liability through the Prism of Patent Laws

Abstract

Technological development has led to a path towards the invention of man-made machines which not onlyreceive information but comprehend and make decisions on their own. One of the man-mademachines in the field of computer science is Artificial Intelligence (AI). AI constitutes both cognitive and emotional intelligence. The jurisprudence of such an invention raises a core question of whetherArtificial Intelligence can be attributed to the status of personhood. It is an unsettled position of law, whether AI can be given an inventorship. There are two parallel views in recognising AI as an inventor. One view is that it is an automated man-made machine, and another view is that it can be considered as an inventor when the invention is novel without human intervention.This paper illustrates the legal basis on which the scope of grantinginventorship to an AI in the current patent regime and its pitfalls.This has been elaborated using legal precedents and the practical inferences drawn from them. This article gives an overview of the development of AI and points out the boxes that must be ticked by policymaking in India.