Challenges and prospects in granting patent rights to AI-generated inventions: a global legal study with special reference to the UAE

Nashwa Ahmed Mohamed (), Munira Mohamad Salem Rahma and Mohamed Al Hemairy ()
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Nashwa Ahmed Mohamed: University of Sharjah
Munira Mohamad Salem Rahma: University of Sharjah
Mohamed Al Hemairy: University of Sharjah

Humanities and Social Sciences Communications, 2025, vol. 12, issue 1, 1-11

Abstract: Abstract This study addresses the challenges that prevent artificial intelligence (AI) systems from meeting the requirements for obtaining patent protection for their innovations and seeks to explore possible legal solutions in this area. It aims to shed light on the shortcomings of industrial property laws in dealing with inventions generated by AI systems, with a particular focus on the legal debate surrounding the eligibility of such systems to acquire legal personality and be recognized as inventors. The study adopts a comparative analytical approach to examine the obstacles that hinder the granting of legal protection to AI-generated inventions. It discusses the absence of a human inventor, the complexities of authorship and ownership, and the legislative shortcomings in keeping pace with rapid technological developments. Special attention is given to the legal context in the United Arab Emirates, alongside an overview of the global perspective, to highlight both common and unique challenges. The findings reveal substantial deficiencies in industrial property laws, which remain incapable of addressing the distinctive nature of AI-generated inventions. The study concludes that effective legislative reform has become essential to maintain the effectiveness of patent systems, recommending the adoption of a flexible legal framework that explicitly regulates AI outputs. Such reform would ensure a balanced approach that safeguards innovation while at the same time providing clarity on ownership rights in the age of artificial intelligence.

Date: 2025
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DOI: 10.1057/s41599-025-06121-y

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