Artificial Intelligence and Patent Ownership: Should India Amend Patent Act, 1970?

Abstract

The rapid advancement of Artificial Intelligence (AI) has transformed the innovation landscape, raising critical questions about inventorship and patentability under existing legal frameworks. This study examined whether India’s Patent Act, 1970, adequately addressed AI-generated inventions and analyzed international approaches, economic implications, and ethical considerations. Using a descriptive research design and secondary data sources, including legal statutes, case law, and scholarly articles, the study found that the current Act, which recognizes only natural persons as inventors, created ambiguity and potential legal uncertainty for AI-driven innovation. Comparative analysis of global jurisprudence, particularly the DABUS cases in the United States, United Kingdom, European Union, and Japan, revealed a predominant reluctance to grant inventorship to AI, while some jurisdictions explored sui generis rights or hybrid frameworks. The study highlighted that excluding AI from patent protection could discourage investment and innovation, whereas unregulated human attribution might raise ethical and economic concerns. Based on these findings, the study suggested that India consider legislative reform, interpretive flexibility, or hybrid models to clarify ownership, incentivize AI research, and align with global trends. The research emphasized the need for a future-ready patent framework that balanced human accountability, ethical considerations, and India’s competitiveness in the global knowledge economy.