Intellectual Property Rights for Software, Artificial Intelligence and Computer Related Inventions: A Comparative Analysis

Abstract

The growth of digital technology has been one of the highlights of the 21st century. This has led to the growth of the development of new Software and Computer-Related Inventions (CRIs). The grant of Intellectual Property Rights protection to these inventions has been questionable since they have been explicitly excluded from IP protection statutes across the world. However, as time progresses, legislatures across the world have been under pressure to provide some sort of protection to such inventions. This has resulted in amendment of laws and a criterion has been devised to protect CRIs and software. The approach adopted towards the same varies from country to country. Moreover, there has also been a rise of inventions generated using Artificial Intelligence (AI). AI has made the process of invention much easier since the mental element is taken care of by the AI. However, questions are raised regarding the grant of IP protection to such inventions for the lack of an inventive step. The paper analyses the scope of protection granted to Software and CRI across different legal systems in the world. It also explores the possibility of the application of these principles to AI or the modification of existing principles to allow for the patentability of AI.