The Issues Involved in AI Becoming Inventors and IP Owners

In the early 19th century, a girl named Mary Shelly, wife of P. B. Shelly, when the couple were on their way to Italy, wrote a classic science fiction novel in Switzerland. The novel, among other things, discussed the emotional robustness and fundamental ‘’human’’ rights of Robots. The same questions are now becoming more relevant than ever and AI capabilities are pervading all walks of life, including innovations and drug discovery. As artificial intelligence (AI) advances, it is increasingly involved in creating new inventions. This growing role of AI in the creative and intellectual space raises complex questions regarding its status as an inventor and owner of intellectual property (IP). Some of the hair splitting issues are purely sophistry and rooted in bootless polemics, but there are certain fundamental issues in which legal and technological confusion is involved. While the concept of AI inventorship could accelerate innovation, it also presents significant risks that society, legal frameworks, and businesses must carefully consider

.1. Challenges to Intellectual Property Law

Innovation and invention are operations attributed to human beings. When a new entity, that too an inanimate being, makes an astounding debut, clarifications will be needed at various levels. ?One of the primary risks lies in the conflict with existing intellectual property (IP) laws, which are built around the idea of human creativity. Most legal systems worldwide require a patent or copyright to be granted only to human inventors.For example, in recent cases where AI-created inventions were submitted for patents, the courts in several countries (including the U.S. and Europe) ruled that AI cannot be legally recognized as an inventor. Recognizing AI as an inventor would require significant legislative interventions. The lack of international consensus on this issue could lead to fragmented legal systems and conflicts in IP ownership across borders

.2. Ownership and Accountability

Another significant risk arises from the question of ownership. If AI creates an invention, who owns the rights to it? Should it be the programmer, the owner of the AI system, or the AI itself? This ambiguity poses risks for legal clarity, as well as for businesses and inventors who may struggle to determine who holds the rights to profits and innovations resulting from AI-generated inventions. If AI becomes an inventor, this fundamental tenet of IP law is challenged, leading to complications in patent applications and enforcement. The question whether egg belongs to the hen that laid it, or hen belongs to the egg that developed her, or the farmer who nurtured the chicken, will continue to haunt.More critically, accountability becomes blurred. If AI generates a defective invention that causes harm or malfunctions, who is responsible? Assigning liability in cases of AI-generated IP could become a complex legal issue, with potential implications for product safety and consumer protection.

3. Monopolization and Unfair Competition

If the cantankerous ownership issue is settled and AI were granted inventorship or IP ownership, it could further deepen monopolization in tech industries. It will deny a level playing ground to all aspirants in the innovation space. Large corporations with access to powerful AI systems would dominate innovation, sidelining smaller companies and individual inventors. This may stifle competition, as the AI systems of major tech firms could rapidly generate a flood of patentable inventions, giving them a legal monopoly over vast technological landscapes. It is like a huge dairy farm owner floods the market and washes out all competition.Such a scenario could discourage human inventors from pursuing their ideas, knowing they cannot compete with the speed and scale of AI innovation. This concentration of IP rights among a few companies could reduce the diversity of inventions and create barriers to entry for smaller players in the market. This situation can, when all is said and done, result in the tyranny of the machines.?

4. Ethical and Societal Implications

Granting AI inventorship rights also introduces ethical conundrums. AI lacks consciousness, intentionality, and understanding of societal needs or moral implications. Allowing AI to hold IP rights without the ability to comprehend the value or impact of its creations poses ethical risks. It raises concerns about how inventions serve the public good and societal welfare, as AI-generated inventions may not align with human values and priorities. This can result in a cultural shift by and by. As of now machines do not have any sentiments or vested interests, they do what they are condoned to do with little concern for the ramifications thereof.Additionally, there are fears about the potential for AI to generate disruptive technologies that could harm jobs, privacy, or security. Without clear governance and ethical oversight, AI’s contribution to invention could lead to the creation of technologies that amplify inequality, accelerate climate degradation, or fuel cyber warfare. The spectre of AI barging in as the terminator of jobs is already there.

5. Loss of Human Creativity and Innovation

One of the broader concerns is that as AI takes over the role of invention, it could diminish or demote the value placed on human creativity and innovation. Machines cannot think beyond the frame assigned to them whereas human beings can think laterally and vertically. Inventions rooted in human experience and imagination could be replaced by algorithm-driven solutions. This reliance on AI-generated inventions might limit the depth and originality of new ideas, as AI systems operate on data-driven patterns rather than truly novel thinking.The risk of over-reliance on AI for innovation could also undermine the human spirit of inquiry and exploration. If companies prioritize AI-generated inventions over human creativity, it may result in a decline in funding, opportunities, and support for human inventors, ultimately stifling a culture of innovation. And the capacity of bold imagination can forfeit its market, if not fully and forever

.Conclusion

While AI has the potential to revolutionize invention and the creation of intellectual property, there are significant risks involved in allowing AI to become an inventor and IP owner. Legal systems would need comprehensive reform, ownership and accountability questions remain unresolved, and there are serious concerns about monopolization, ethics, and the erosion of human creativity. As AI continues to play an increasingly influential role in innovation, society must carefully consider these risks to ensure that advancements in technology benefit all, without undermining legal, ethical, and societal frameworks. A systematic overhauling will be necessary in the legal regime along with a global normalization. Also innovations should lead to more avenues of jobs, rather than becoming a terminator of jobs. Ultimately human beings should be the beneficiaries and not victims.