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White Black Legal – International Law Journal · ISSN 2581-8503
Artificial Intelligence and Patent Innovation: A Doctrinal Analysis of Patentability Standards in the Digital Era
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Abstract
ARTIFICIAL
INTELLIGENCE AND PATENT INNOVATION: A DOCTRINAL ANALYSIS OF PATENTABILITY
STANDARDS IN THE DIGITAL ERA
AUTHORED
BY - NEENALAKSHMI MOHAN
ABSTRACT:
One
of the most disruptive technologies of the modern era, artificial intelligence
(AI), has an extensive influence on innovation in various sectors of economy,
including healthcare, manufacturing, finance, education, and information
technology. Since AI is becoming increasingly effective in developing
innovative solutions, complex questions about how to protect AI-derived or
AI-assisted innovations within the existing patent laws emerge. The issue
becomes difficult when innovations are developed in such a way that a
considerable amount of involvement from an AI system is required, while
existing regimes, for instance, the Indian Patents Act, 1970, are predominantly
based on the concept of human inventors.
The
patentability criteria applicable to inventions involving AI in the digital era
will be looked into through this doctrinal research. The extent to which the
three basic patentability criteria, such as novelty, invention, and industry
applicability, cater to inventions through AI will be analyzed. By considering
the international conventions such as the Patent Cooperation Treaty (PCT),
TRIPS Agreement, and WIPO projects, the research goes further into the legal
framework relating to patents in India. In order to detect any global trend, a
short comparison of the methods adopted by countries including the United
States, European Union, and the United Kingdom will also be undertaken.
Among
the problems concerning the inventorship of AI, the ownership of inventions
created by AI, the patent eligibility of computer-related innovations, and the
absence of legislative rules in the field of AI inventions are noted in the
study. The authors argue that even though at this point the patent regime
continues to encourage technological advancements, some particular
modifications are required for dealing with the reality of AI-assisted
invention. The study concludes that for fostering innovation, ensuring legal
certainty, and protecting the public interest in the rapidly growing digital
economy, it is essential to have an appropriate legal framework based on patent
examination rules.
Keywords:
Artificial Intelligence (AI), Patent Innovation, Patentability Standards,
AI-Generated Inventions, Intellectual Property Rights (IPR), Digital Era.
CHAPTER I
INTRODUCTION
Artificial Intelligence (AI) has become one of the most significant
technological advancements of the twenty-first century, transforming the way
individuals, businesses, and governments operate. AI refers to computer systems
that are capable of performing tasks that traditionally require human
intelligence, such as learning, reasoning, problem-solving, decision-making,
and pattern recognition. With the rapid growth of digital technologies, AI has
become an essential driver of innovation in sectors including healthcare,
pharmaceuticals, manufacturing, finance, education, transportation, and
communication. AI-powered systems are increasingly contributing to the
development of new products, processes, and technological solutions, thereby
accelerating research and economic growth.
Innovation is the foundation of technological progress, and patent
law plays a vital role in encouraging innovation by granting inventors
exclusive rights over their inventions for a limited period. Patent protection
provides incentives for research and development, promotes investment, and
facilitates the disclosure of new technologies to society. However, the
emergence of AI-generated and AI-assisted inventions has raised important legal
questions regarding the application of traditional patent law. Existing patent
systems were developed on the assumption that inventions are created by human
inventors, whereas AI systems are now capable of making substantial
contributions to the inventive process.
The increasing role of AI in innovation challenges established
concepts such as inventorship, ownership, novelty, and inventive step.
Consequently, policymakers and legal scholars are debating whether existing
patent laws are sufficient to address AI-driven inventions or whether reforms
are necessary. This study examines the relationship between Artificial
Intelligence and patent innovation by analysing the patentability standards
applicable in the digital era and assessing whether the current legal framework
effectively supports technological advancement while maintaining legal
certainty and public interest.
1.2 Background of the Study
The rapid advancement of Artificial Intelligence has transformed the
global innovation landscape. Modern AI systems can analyse large volumes of
data, identify patterns, generate creative solutions, and assist researchers in
developing new inventions with greater speed and accuracy. These capabilities
have increased the use of AI in scientific research, pharmaceutical
development, software engineering, autonomous vehicles, robotics, and other
technology-driven industries. As AI continues to evolve, its role has shifted
from being merely a supporting tool to becoming an active contributor to the
innovation process.
The patent system is intended to encourage innovation by protecting
inventions that satisfy the legal requirements of novelty, inventive step, and
industrial applicability. However, existing patent laws, including the Indian
Patents Act, 1970, were enacted at a time when inventions were assumed to be
the result of human creativity. Consequently, they do not expressly address
inventions generated or significantly assisted by AI. This has created legal
uncertainty regarding the recognition of inventorship, ownership of
AI-generated inventions, and the patentability of software-based innovations.
Several jurisdictions have also faced these challenges, particularly in cases
involving AI-generated inventions, highlighting the need for greater legal
clarity.
In the digital era, where AI is becoming an integral part of
research and development, it is essential to examine whether current
patentability standards remain suitable for protecting technological
innovation. This study seeks to analyse the existing legal framework governing
AI-related inventions, identify the challenges arising from AI-assisted
innovation, and evaluate the need for legal reforms. Such an analysis is
important for ensuring that patent law continues to promote innovation while
maintaining fairness, legal certainty, and the broader public interest.
CHAPTER
II
ARTIFICIAL
INTELLIGENCE, PATENT INNOVATION AND PATENTABILITY STANDARDS
2.1 Meaning and Concept of Artificial Intelligence
Artificial Intelligence (AI) refers to the branch of
computer science that focuses on creating systems capable of performing tasks
that normally require human intelligence, such as learning, reasoning,
problem-solving, decision-making, language processing, and pattern recognition.[1]AI
enables machines to analyse large volumes of data, identify relationships, make
predictions, and continuously improve their performance through experience.
Unlike traditional computer programs that operate according to fixed
instructions, AI systems can adapt to new information and generate outputs with
minimal human intervention.[2]
AI encompasses several technologies, including machine
learning, deep learning, natural language processing, computer vision,
robotics, and expert systems. These technologies have transformed numerous
sectors, including healthcare, finance, agriculture, transportation, education,
and manufacturing. AI-powered applications such as virtual assistants,
autonomous vehicles, fraud detection systems, and medical diagnostic tools
demonstrate the practical significance of AI in modern society.[3]
From a legal perspective, AI presents new challenges for
intellectual property law, particularly patent law. AI systems are increasingly
used to assist researchers and inventors in developing innovative products and
processes. In some instances, AI contributes significantly to the inventive
process by identifying novel solutions or generating technical improvements.
This development raises important legal questions regarding inventorship,
ownership, and the patentability of AI-assisted or AI-generated inventions.
Since existing patent laws were primarily designed with human inventors in
mind, the growing role of AI has prompted policymakers and scholars to
reconsider whether current legal frameworks adequately protect AI-driven
innovation. Consequently, understanding the concept and capabilities of AI is
essential for analysing its impact on patent law in the digital era.
2.2 Evolution of
Artificial Intelligence
The evolution of Artificial Intelligence (AI) has been marked by
significant technological and scientific advancements over the past several
decades. The concept of AI was formally introduced in 1956 during the Dartmouth
Summer Research Project on Artificial Intelligence, where John McCarthy coined
the term "Artificial Intelligence" and envisioned the development of
machines capable of performing tasks associated with human intelligence.[4]This
conference laid the foundation for AI research and inspired further
developments in computer science and cognitive sciences.
During the 1960s and 1970s, AI research focused on rule-based
systems and symbolic reasoning, leading to the development of expert systems
that could mimic human decision-making in specialised fields such as medicine
and engineering.[5]
Although these systems demonstrated the potential of AI, their capabilities
were limited by computing power and the availability of data. The 1980s and
1990s witnessed the emergence of machine learning techniques, enabling
computers to learn from data rather than relying solely on pre-programmed
rules.[6]
The rapid growth of computing power, cloud technology, and big data
in the twenty-first century accelerated AI development. Deep learning, natural
language processing, computer vision, and generative AI have significantly
enhanced the ability of machines to perform complex tasks such as language
translation, medical diagnosis, autonomous driving, and content generation.[7]
Today, AI plays a vital role in research and innovation by assisting
scientists, engineers, and inventors in developing new products and
technologies. This evolution has also created legal challenges, particularly in
patent law, as AI systems increasingly contribute to the inventive process.
Consequently, there is a growing need to examine whether existing patent laws
are capable of addressing innovations developed with substantial AI assistance.
2.3 Meaning of
Patent and Patent Innovation
A patent is a statutory intellectual property right granted by the
government to an inventor for a new invention that satisfies the legal
requirements of novelty, inventive step, and industrial applicability.[8]
The patent holder is granted the exclusive right to prevent others from making,
using, selling, offering for sale, or importing the patented invention without
permission for a specified period, generally twenty years from the date of
filing.[9]
The primary objective of the patent system is to encourage innovation by
rewarding inventors for their creative efforts while promoting public
disclosure of technological knowledge.
Patent innovation refers to the process of developing new or
improved products, processes, or technologies that qualify for patent
protection under the applicable legal framework.[10]
In today's digital economy, innovation is increasingly driven by advanced
technologies such as Artificial Intelligence (AI), machine learning, robotics,
biotechnology, and data analytics. AI has transformed the innovation process by
assisting inventors in analysing large datasets, identifying technical
solutions, designing new products, and improving industrial processes. As a
result, AI-assisted inventions are becoming more common across sectors
including healthcare, pharmaceuticals, manufacturing, transportation, and
information technology.[11]
The increasing use of AI in research and development has raised
important legal issues concerning patent innovation. Traditional patent law
assumes that inventions are conceived by human inventors, whereas AI systems
are now capable of making substantial contributions to the inventive process.
This development has generated debates regarding inventorship, ownership, and
the patentability of AI-generated inventions. Therefore, understanding the
concept of patent innovation is essential for evaluating whether existing
patent laws are capable of protecting technological advancements in the digital
era while continuing to promote innovation and economic development.
CHAPTER III
LEGAL FRAMEWORK GOVERNING
AI PATENTS
3.1 Patent
Protection under the Patents Act, 1970
The Patents Act, 1970 is the principal legislation
governing patent protection in India. It establishes the legal framework for
granting patents to inventors whose inventions satisfy the statutory
requirements of novelty, inventive step, and industrial applicability.[12]
The Act seeks to encourage innovation by providing inventors with exclusive
rights over their inventions for a period of twenty years from the filing date,
while simultaneously ensuring that technological knowledge enters the public
domain after the expiry of the patent term.[13]
The Act defines an in vention
as a new product or process involving an inventive step and capable of
industrial application.[14]
However, not every invention qualifies for patent protection. Sections 3 and 4
of the Act specify categories of non-patentable inventions, including
mathematical methods, business methods, computer programs per se, and
algorithms.[15]
These exclusions have significant implications for Artificial Intelligence
(AI)-based inventions because many AI technologies rely on software algorithms
and computational methods.
In addition to the Act, the Guidelines for Examination of
Computer Related Inventions (CRI Guidelines), 2017 assist patent
examiners in determining the patentability of computer-related inventions. The
guidelines clarify that although a computer program per se is excluded from
patentability, an invention demonstrating a technical effect or technical
contribution may qualify for patent protection.[16]
Consequently, AI-assisted inventions that produce a technical advancement or
industrial application may be considered patentable if they satisfy the
statutory requirements.
Therefore, the Patents Act, 1970 provides the foundation for
protecting technological innovation in India. However, the increasing use of AI
has highlighted the need for greater clarity regarding the patentability of
AI-assisted inventions and the interpretation of existing legal provisions.
3.2 Patentability of
AI-Based Inventions in India
The patentability of Artificial Intelligence (AI)-based inventions
in India is determined by the provisions of the Patents Act, 1970
and the examination guidelines issued by the Indian Patent Office. AI
inventions are not expressly recognised as a separate category under Indian
patent law. Instead, they are examined using the traditional patentability
requirements of novelty, inventive step, and industrial applicability.[17]
One of the principal challenges in patenting AI-related inventions
arises from Section 3(k) of the Patents Act, which excludes
"a mathematical or business method or a computer programme per se or
algorithms" from patentability.[18]
Since many AI technologies are based on algorithms, software, and machine
learning models, they may initially appear to fall within this exclusion.
However, the CRI Guidelines, 2017 clarify that an invention is not
automatically excluded merely because it involves software. If the invention
demonstrates a technical effect, technical advancement, or technical
contribution beyond the software itself, it may qualify for patent protection.[19]
Another challenge concerns inventorship. Indian patent law presently
recognises only natural persons as inventors, and there is no statutory
provision permitting an AI system to be named as an inventor. Consequently, AI
is treated as a tool that assists human inventors rather than an independent
legal inventor.[20]
As AI technologies become increasingly autonomous, questions regarding
ownership, inventorship, and disclosure are expected to become more
significant.
Therefore, while the existing legal framework provides limited
protection for AI-assisted inventions, greater legislative clarity and updated
examination standards are necessary to encourage innovation and ensure
consistency in the patenting of AI-related technologies in India.
3.3 International
Legal Framework
The international legal framework governing patents establishes
minimum standards for the protection of inventions and promotes cooperation
among member states. Although there is no international treaty specifically
regulating Artificial Intelligence (AI) patents, several international
instruments play a significant role in determining the patentability of
AI-related inventions.
The Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS), administered by the World Trade Organization
(WTO), establishes minimum standards for patent protection among member
countries. Article 27 of the TRIPS Agreement requires patents to be available
for inventions in all fields of technology, provided they are new, involve an
inventive step, and are capable of industrial application.[21]
These standards are equally relevant to AI-assisted inventions.
The Patent Cooperation Treaty (PCT), administered
by the World Intellectual Property Organization (WIPO), simplifies the process
of seeking patent protection in multiple countries through a single
international patent application.[22]
Although the PCT does not grant an international patent, it reduces procedural
complexity and facilitates the global protection of technological innovations,
including AI-based inventions.
The World Intellectual Property Organization (WIPO)
plays a crucial role in developing international intellectual property policies
and promoting discussions on AI and intellectual property rights. WIPO has
published reports and organised international conversations addressing issues
such as AI inventorship, patentability, ownership, and future legal reforms.[23]
These initiatives assist member states in understanding the legal implications
of AI-driven innovation and encourage harmonisation of patent practices.
Together, TRIPS, the PCT, and WIPO provide an important
international framework for patent protection. However, continued international
cooperation is necessary to address the unique legal challenges posed by
AI-generated and AI-assisted inventions.
CHAPTER
IV
CHALLENGES
AND FUTURE PROSPECTS OF AI PATENT INNOVATION
Artificial Intelligence (AI) has significantly transformed the
innovation ecosystem by enabling the creation of new products, processes, and
technologies. However, its increasing role in the inventive process has created
several legal and practical challenges for the patent system.[24]One
of the primary issues is inventorship,
as existing patent laws, including the Patents
Act, 1970, recognise only natural persons as inventors.
Consequently, AI systems cannot currently be named as inventors, even when they
make substantial contributions to an invention.[25]
Another challenge concerns the patentability of AI-based inventions, particularly
those involving software algorithms and machine learning models. Section 3(k)
of the Patents Act excludes computer programmes per se and algorithms
from patent protection, creating uncertainty regarding the patent eligibility
of AI-related innovations.[26]
Additionally, determining whether an AI-assisted invention satisfies the
requirements of novelty and inventive step becomes increasingly complex when AI
systems independently analyse data and generate technical solutions.[27]
Despite these challenges, the future of AI patent innovation remains
promising. Governments and international organisations are actively exploring
reforms to modernise patent laws and accommodate AI-assisted inventions. The World Intellectual Property Organization (WIPO)
has initiated discussions on AI and intellectual property, while several
jurisdictions are reviewing their patent examination practices to address
emerging technological developments.[28]
India can strengthen its patent system by issuing AI-specific examination
guidelines, clarifying inventorship rules, and encouraging innovation through a
balanced legal framework. Such reforms would provide greater legal certainty,
promote research and development, attract investment, and ensure that the
patent system remains effective in the rapidly evolving digital economy.
CHAPTER
V
FINDINGS
AND CONCLUSION
The study finds that Artificial Intelligence (AI) has become a
significant driver of technological innovation, influencing diverse sectors
such as healthcare, manufacturing, finance, and information technology.
AI-assisted inventions are increasingly contributing to research and
development by improving efficiency, accuracy, and the generation of novel
solutions. However, the existing patent framework, particularly the Patents Act, 1970, was
drafted with the assumption that inventions are created by human inventors. As
a result, it does not specifically address the legal status of AI-generated
inventions or the issue of AI inventorship.
The research further reveals that while AI-based inventions may
qualify for patent protection if they satisfy the requirements of novelty,
inventive step, and industrial applicability, uncertainty remains due to the
exclusion of computer programmes per se and algorithms under Section
3(k) of the Patents Act. The study also observes that international frameworks
such as the TRIPS Agreement,
the Patent Cooperation
Treaty (PCT), and the initiatives of the World Intellectual Property Organization (WIPO)
provide general standards for patent protection but do not offer comprehensive
rules for AI-generated inventions.
The study concludes that the current patent regime is capable of
protecting many AI-assisted innovations but requires legislative and policy
reforms to address emerging technological developments. India should consider
issuing AI-specific patent examination guidelines, clarifying the legal
position on inventorship, and promoting greater harmonisation with
international practices. A balanced legal framework that protects innovation
while safeguarding public interest will encourage research, technological advancement,
and economic growth. Such reforms will ensure that the patent system remains
effective and responsive to the evolving challenges of the digital era.
[1] Stuart Russell & Peter Norvig,
Artificial Intelligence: A Modern Approach 1–5 (3d ed. 2010).
[2] Margaret A. Boden, Artificial
Intelligence: A Very Short Introduction 1–18 (Oxford Univ. Press 2018).
[3] World Intellectual Property
Organization (WIPO), WIPO Technology Trends 2019: Artificial Intelligence
13–25 (2019), https://www.wipo.int/publications/en/details.jsp?id=4386.
[4] John McCarthy et al., A
Proposal for the Dartmouth Summer Research Project on Artificial Intelligence
(1955), reprinted in AI Magazine (2006).
[5] Stuart Russell & Peter Norvig,
Artificial Intelligence: A Modern Approach 16–28 (3d ed. Pearson
2010).
[6] Margaret A. Boden, Artificial
Intelligence: A Very Short Introduction 29–52 (Oxford Univ. Press 2018).
[7] World Intellectual Property
Organization (WIPO), WIPO Technology Trends 2019: Artificial Intelligence
19–40 (2019).
[8] The Patents Act, No. 39 of 1970, §
2(1)(j) & § 2(1)(ja) (India).
[9] The Patents Act, No. 39 of 1970, §
48 & § 53 (India).
[10] World Intellectual Property
Organization (WIPO), Understanding Patents, Industrial Designs and
Geographical Indications 5–12 (WIPO Publ'n 2020).
[11] World Intellectual Property
Organization (WIPO), WIPO Technology Trends 2019: Artificial Intelligence
45–70 (2019).
[12] The Patents Act, No. 39 of 1970,
§§ 2(1)(j), 2(1)(ja), & 2(1)(ac) (India).
[13] The Patents Act, No. 39 of 1970,
§§ 48 & 53 (India).
[14] The Patents Act, No. 39 of 1970, §
2(1)(j) (India)
[15] The Patents Act, No. 39 of 1970,
§§ 3 & 4 (India).
[16] Office of the Controller General
of Patents, Designs & Trade Marks, Guidelines for Examination of
Computer Related Inventions (CRI) 5–17 (2017).
[17] The Patents Act, No. 39 of 1970,
§§ 2(1)(j), 2(1)(ja), & 2(1)(ac) (India).
[18] The Patents Act, No. 39 of 1970, §
3(k) (India).
[19] Office of the Controller General
of Patents, Designs & Trade Marks, Guidelines for Examination of
Computer Related Inventions (CRI) 9–20 (2017).
[20] World Intellectual Property
Organization (WIPO), WIPO Technology Trends 2019: Artificial
Intelligence 95–110 (2019).
[21] Agreement on Trade-Related Aspects
of Intellectual Property Rights art. 27, Apr. 15, 1994, Marrakesh Agreement
Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299
[22] Patent Cooperation Treaty arts.
3–4, June 19, 1970, 1160 U.N.T.S. 231.
[23] World Intellectual Property
Organization, WIPO Technology Trends
2019: Artificial Intelligence 1–18 (2019); World Intellectual
Property Organization, Revised Issues
Paper on Intellectual Property Policy and Artificial Intelligence
(2020).
[24] World Intellectual Property
Organization, WIPO Technology Trends
2019: Artificial Intelligence 45–70 (2019).
[25] The Patents Act, No. 39 of 1970,
§§ 2(1)(y), 6, & 28 (India).
[26] The Patents Act, No. 39 of 1970, §
3(k) (India).
[27] N.S. Gopalakrishnan & T.G.
Agitha, Principles of Intellectual Property 145–52 (2d ed., Eastern
Book Co. 2014).
[28] World Intellectual Property
Organization, Revised Issues Paper on
Intellectual Property Policy and Artificial Intelligence 8–21
(2020).
How to Cite This Article
NEENALAKSHMI MOHAN, Artificial Intelligence and Patent Innovation: A Doctrinal Analysis of Patentability Standards in the Digital Era., White Black Legal – International Law Journal, ISSN: 2581-8503, Vol. Volume 4, Issue VOLUME 4 ISSUE 2, October 2026, pp. 1382-1394. Available at: https://www.whiteblacklegal.co.in/details/artificial-intelligence-and-patent-innovation-a-doctrinal-analysis-of-patentability-standards-in-the-digital-era
Author & Publication Record
Authors: NEENALAKSHMI MOHAN
Registration ID: 107215 | Published Paper ID: WBL7215
Year: Oct- 2026 | Volume: 4 | Issue: 2
Approved ISSN: 2581-8503 | Country: Delhi, India
Page No.: 1382-1394
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