AI-Generated Inventions: Implications for the Patent System

Gaétan de Rassenfosse, Adam Jaffe and Melissa Wasserman
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Melissa Wasserman: The University of Texas at Austin - School of Law

Working Papers from Chair of Science, Technology, and Innovation Policy

Abstract: This symposium Article discusses issues raised for patent processes and policy created by inventions generated by artificial intelligence (AI). The Article begins by examining the normative desirability of allowing patents on AI-generated inventions. While it is unclear whether patent protection is needed to incentivize the creation of AI-generated inventions, a stronger case can be made that AI-generated inventions should be patent eligible to encourage the commercialization and technology transfer of AI-generated inventions. Next, the Article examines how the emergence of AI inventions will alter patentability standards, and whether a differentiated patent system that treats AI-generated inventions differently from hu-man-generated inventions is normatively desirable. This Article concludes by considering the larger implications of allowing patents on AI-generated inventions, including changes to the patent examination process, a possible increase in the concentration of patent ownership and patent thickets, and potentially unlimited inventions.

Keywords: generative AI; patent; intellectual property; invention (search for similar items in EconPapers)
JEL-codes: D23 K20 O34 (search for similar items in EconPapers)
Pages: 26 pages
Date: 2023-05
New Economics Papers: this item is included in nep-ain, nep-cmp, nep-ino, nep-ipr, nep-law and nep-tid
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