So far, patents have been granted in various countries to human beings for innovations so as to protect their IP rights. Of late, AI has been put to various uses. In fact, AI has been promoted and has been given research funding. It is a technology for the future.

Can AI be called an inventor? Can an innovation made by using AI get patent? Is it legally enforceable? If it is not, the firm using such AI-generated innovation loses competitive advantage.

Abbott was concerned about AI and its relation with law since 2013. He launched an AI Project and availed of the services of Stephen Thaler who had founded Imagination Engines. They intended to build a machine which can invent. As a result, they produced DABUS, a creativity machine.

This machine used AI and invented a beverage can and a device to attract added attention. They filed a patent application in 17 jurisdictions mentioning DABUS as an inventor.

South Africa and Australia ruled that artificial intelligence machine can be listed as an inventor on a patent. It has built pressure on the US and Europe to resolve this issue. In the US, it is an ‘uphill battle’. The European Patent Office is to hear the plea in December, 2021. Major investment decisions depend on AI’s listing as an inventor on patents.

AI performs the steps in innovation in an accelerated manner. It can affect remarkably the drug discoveries and autonomous cars.

Though AI can identify a potential new molecule for drugs, human researchers will have to do a lot later to make it marketable.

DABUS is a test case. There are legal uncertainties in patent eligibility and patentability. There are no easy answers yet. AI itself is an invention that has potential to be an inventor.