Can works created by artificial intelligence (AI) be patented?

Artificial intelligence is a rapidly growing area of information technology that is attracting attention from all over the world. Technology advocates are progressively implementing artificial intelligence (AI) into software that can comprehend human behaviour and offer solutions that make human life more manageable. Personal assistants on smartphones, chatbots, self-driving and self-parking cars, face-reading system algorithms (scanners), and speech recognition are a few characteristics that make life easier for people.

The most recent skill that AI has generated is the ability to produce new technological advancements and inventions. This artificial intelligence poses new issues for international patent laws. 

Can AI-generated breakthroughs and inventions be patented?

The US Federal Court has upheld the ban on patenting inventions created using AI-based systems. This is because the discovery was not made by humans. Stephen Thaler, a computer scientist, filed a claim after realizing that he was unable to secure a patent for the work of an AI software system he was creating, and his efforts led to this decision.

Stephen tried to get the AI he created a patent, but a court in the US denied it. The primary reason is that according to patent law, “individual” is intended to refer to a person or other type of human embodiment when the term “invention” is used. Additionally, it is specified in the Patent Law’s provisions that the party filing is the applicant, making it very obvious that only people can apply for a patent.

On the other hand, a different rule applied to DABUS in July of last year, when the South African Patent Office had granted a patent on the company’s behalf and was regarded as the inventor. After that, inhuman credentials can also refer to the inventor for patent registration in Australia. However, according to the principles of American federal law, innovators must always be people who take the shape of humans.

Then what about patent registration made by AI in Indonesia?

Article 3 of Law No. 13 of 2016 Concerning Patents stipulates that an inventor is a person or group of persons who jointly carry out a concept that is poured into an action that results in an invention. Until now, there has been no such case in Indonesia. This justification shows that only “a person” or “many persons” who are humans are eligible to receive a patent. As a result, if the situation above arises in Indonesia, AI’s application for patent registration will not be approved.

When you believe that Indonesia is the right market for your product or service, then Am Badar & Am Badar IP Law Firm, as an Intellectual Property Consultant with more than 57 years of experience in Indonesia, is the right partner.

Our service includes not only the registration process until it is accepted but also the monitoring process in the future, where the Intellectual Property that you have registered can be copied or misused by other parties who are not responsible.

Am Badar and Am Badar IP Law Firm are the right places for Partners who need services or consultations related to IPR. Contact us via ambadar@ambadar.co.id. We will provide the best solution according to your situation.

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