Protectability and Enforceability of AI-Generated Inventions

Abstract

Artificial intelligence (AI) leads to disruptive innovations in every aspect of life. This technology not only changes the rules of all data-related fields, it also either has or will soon reach the point where it generates innovation without human input. As its economic relevance increases, the question of protectability and enforceability of AI-generated inventions naturally arises. After evaluating the nature of AI-driven innovation, this chapter assesses the possibilities and restrictions of such protectability and enforceability. As will be shown, the legal system already provides instruments for IP protection, particularly patent protection. However, this technological progress poses challenges to the legal framework and to the common understanding of IP protection. Notably, current law does not allow patent protection of autonomously AI-generated inventions that were created without human contribution.