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Artificial intelligence as inventor: exploring the consequences for patent law

Enrico Bonadio, Luke McDonagh, Plamen Dinev

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Abstract

Discusses the challenges which the creative output of artificial intelligence poses for patent law. Reviews the growth of machine-generated inventions, the requirements for patentability, including novelty and inventive step, what constitutes "inventorship", the approaches adopted by the EU, the UK and the US, and whether they achieve the optimum social welfare effect. Considers alternative approaches, and notes the potential role of ownership.

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What this paper is about

Discusses the challenges which the creative output of artificial intelligence poses for patent law. Reviews the growth of machine-generated inventions, the requirements for patentability, including novelty and inventive step, what constitutes "inventorship", the approaches adopted by the EU, the UK and the US, and whether they achieve the optimum social welfare effect. Considers alternative approaches, and notes the potential role of ownership.

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OpenAlex reports 9 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

Discusses the challenges which the creative output of artificial intelligence poses for patent law. Reviews the growth of machine-generated inventions, the requirements for patentability, including novelty and inventive step, what constitutes "inventorship", the approaches adopted by the EU, the UK and the US, and whether they achieve the optimum social welfare effect. Considers alternative approaches, and notes the potential role of ownership.

Key concepts: Patentability, Novelty, Patent law, Law and economics, Welfare, Economics, Law, Engineering

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