CERTIFICATION AS A REMEDY FOR RECOGNITION OF THE ROLE OF AI IN THE INVENTIVE PROCESS

Abstract

Artificial Intelligence and its subfield Machine Learning have considerable potential to improve the welfare of humans. Due to the specifics of Artificial Intelligence and its enhancing capabilities, there is an increasing incentive to innovate if the role of Artificial Intelligence in the inventive process is recognized not solely as a tool under the patent legal framework. Nonetheless, since the concept of an “inventor” is traditionally attributed to natural persons, there is no consensus on whether the mentioned term should be interpreted as a living instrument. This article focuses on interpreting the concept of an “inventor” under the patent legal framework. It outlines the potential approaches to address an incentive to innovate if the role of Artificial Intelligence in the inventive process not only as a tool is reflected. The main argument developed in the article is that proposals to amend the patent legal framework to address the issue might not be as preferred as introducing the certification system instead.