💡 AI as an inventor: idea owner?

With the growth of AI, we are beginning to note its significant impact in various domains like manufacturing, banking, and healthcare. However, perhaps the most fascinating and controversial domain affected by AI is that of innovation and intellectual property. Today, AI does not only function as a tool wielded by humans to amplify productivity, it is now generating inventions by itself. That necessitates an important question: who is the owner of a concept if artificial intelligence has the capability to create a novel idea?  

The impact of artificial intelligence on intellectual property rights has sparked debate amongst legal practitioners, business executives, and tech enthusiasts in unison. Is it reasonable to state that a programmer who developed the system should acknowledge artificial intelligence as the inventor the moment the machine produces something truly original? Let’s investigate this multi-faceted and ever-evolving question of AI as an inventor through real life scenarios, analyzing the legal consequences, and pondering the very question of ‘who owns what’ in a world governed by artificial intelligence.  

Contributions to Innovation by Artificial Intelligence  

Instead of being merely theoretical, artificial intelligence is actively contributing to invention. From pharmaceuticals to automobile engineering, AI systems are able to devise solutions to complex problems and are even able to create new products.Take, for example, IBM's Watson, which is a system that utilizes AI technology. It has applications in diverse fields ranging from financial predictions to medical diagnosis. Watson became famous in 2011 after winning the game show Jeopardy! While the entertainment industry made a splash about the reality show, Watson's real-life importance was as a business tool meant to tackle real-world problems. Watson has, for example, assisted in devising new medicinal recipes by examining vast volumes of data—data that would have taken human researchers years to process.

Consider, for instance, OpenAI's GPT-3 or DeepMind's AlphaFold. A standout feature of these models is their ability to provide novel solutions and forecasts which do not readily come to mind as potential contributions from people.

But as technology advances in leaps and bounds, so do the ethical dilemmas surrounding algorithms and creativity—who gets credit for what.

Is it the AI that invents something or the individual who sculpts its programs? 

The problem of having a claim over rights where ideas are created through AI systems will stem around the answer to the question: who holds copyright to the use of AI technology? Traditionally, where concepts arise from the manual effort of people, the law was there to protect them. The question in the case of every AI system is is it legal for an AI to claim a patent, or is the developer of the algorithm the legitimate owner?

2021 is the year that a remarkable court case caught people's attention involving the matter of an invention produced by the "Dabus" AI.

Dr. Stephen Thaler developed an AI system called DABUS that was claimed to invent an innovative food container which utilized a new method for facilitating heat and air exchange in food storage. Dr. Thaler applied for patents for DABUS’s invention, but when it came to indicating the inventor, Thaler suggested the name DABUS, not a human name.  

In a landmark decision, the European Patent Office (EPO) reversed the patent claiming that only people can be listed as the inventors. Thaler argued instead that DABUS should be considered the inventor of the creation as she came up with the idea herself. Although this case remains unsolved legally and philosophically, it sparked critical debates regarding the essence of inventiveness in the age of AI.  

Use Case: AI in Drug Discovery  

One of the most prominent areas where AI is being incorporated is drug discovery. Insilico Medicine demonstrated the extent of AI’s potential for drug development by using artificial intelligence to research drug development. One of their AI-powered approaches identified a promising candidate for targeting fibrosis within 46 days, a timeframe that would have taken years in traditional drug development processes.

In this case, the algorithm created the medicine, but who owns the intellectual property? Should the patent go to the company that created the AI, or should the AI own it? Nevertheless, while this matter is still open, it serves to illustrate the lack of sufficient intellectual property laws.  

The Legal Impact of AI on Inventing  

All laws concerning IP will have to adapt to this newly acquired reality as the advancement of technology accelerates. The existing regulations in Artificial Intelligence (AI) and intellectual property (IP) are based on their framework being human inventors and creators. For example, under the Patent Cooperation Treaty (PCT), patent applications need to nominate an inventor. This means that according to the current legislation, at least one human will always have to be designated as the inventer, regardless of AI devising the creation.  

Who stands to benefit from inventions devised through AI?  

If one is to assume that no AI should be categorized as an inventer, the question arises as to who should bear the benefits of AI’s creation. The issue of commercialisation, patent ownership and profit sharing emerge as critical challenges. Is it fair to awarded the sole rights to a patent for the mere fact that they own the AI system that autonomously devises inventions? Or does the owner of the AI system have some stake in its output?  

Moreover, the argument posed here deals with the appliacation of AI-generated patents by human inventors or businesses, both pertaining to the implications of monopolisation or control over the market.

Businesses with access to advanced artificial intelligence systems may dominate specific markets, thus stifling competition from smaller enterprises or individual entrepreneurs. This is problematic in relation to fostering fair competition and innovation in domains where AI is expanding its role.  

Ethical Problems Related to AI’s Ownership  

The ownership of innovations spawned by AI raises ethical issues irrespective of the norms and costs applying to them. Does an artificial intelligence system qualify as autonomous if it possesses the capabilities to create major inventions? Should inventions authored by AI be made available in the public domain to advance science and technology or should they be patented and protected?  

Concerning the distribution of power, an ethical dilemma arises. The ability to control the most profitable ideas would enable a few IT firms to dictate technological development thus restricting crucial access to breakthroughs. This phenomenon may worsen the disparity between powerful firms and people, thereby exacerbating the fundamental questions of justice and equity with regard to the availability of technology.  

Intellectual property resources will undergo transformation at the hands of evolving AI technologies that will arguably offer revolutionary innovations. A few of these expected changes include the following:  

 

1. A new framework for inventors may emerge, whereby countries might amend existing patents legislation to include AI as an official inventor.

As long as human entities remain in control or ownership, these systems could permit the granting of patents to their accompanying artificial intelligence.  

Creative Synergy AI-Enhanced Inventions have Numerous AI Contribution Patents payable to AI inventors of varying degrees of human and machine collaboration might result in a new coexistence model between alien systems and humans to give rise outside constructed paradigms. This will ensure equitable compensation for AI’s role and contribution while simultaneously creating identifiably new means of invention.  

3. Al Patents as a Public Good: Open-source proprietary control of AI patents, is proprietary control open, enabling the public interest. In this way, the US, USSR, or other intonations authorities govern machines. In other words, the aims of states and international agencies use AI-generated ideas.  

Over time: On the Challenges AI and Invention 

To who is the author of an AI- generated invention is not merely a legal question but fundamentally one in the contest of creativity, ownership, and technological evolution of the twenty-first century. The development of artificial intelligence prompts a transformation in the ways society structures its legislation, corporations, and morals vis-a-vis the paradigm of invention. Whether we perceive AI as a tool of human creators or an independent creator of innovation, there is no doubt that AI influences the processes of innovation.  

As machines become increasingly active participates in creative and problem-solving tasks, the future of intellectual property will be shaped in ways that are currently unforeseeable.

The transformation that artificial intelligence is causing in the realm of creation is only at its infant stage. This will inevitably challenge our understanding of creativity, proprietorship, and the role that technology has in the evolution of humanity.