Artificial Intelligence and its Patentability: A Comparative Study Between India,UK, and USA
Authors: - ISHANN BHARDWAJ 
Published: June 2023

This dissertation examines the patentability of artificial intelligence (AI) based inventions in India, UK, and USA. The study provides an overview of the history and development of AI, the patent law framework in each jurisdiction, and the patentability requirements for AI-based inventions. The dissertation conducts a comparative analysis of the patentability standards for AI-based inventions in each jurisdiction, highlighting the similarities and differences in the approach taken by each country.

The study finds that while the three countries have similar patentability requirements for AI-based inventions, there are notable differences in their interpretation and application. For example, India's patent law explicitly excludes software and algorithms from patentability, while the UK and USA have a more permissive approach, allowing patents for software that demonstrate a technical effect. Furthermore, the dissertation highlights the challenges of patenting AI-based inventions, such as the difficulty of determining inventorship and the lack of clear guidelines for assessing the novelty and non-obviousness of AI-generated inventions.

The study also provides case studies of patent applications and grants for AI-based inventions in each jurisdiction, highlighting the challenges and opportunities presented by these inventions. The case studies illustrate the potential impact of AI on innovation and patenting, as well as the potential implications for access to technology and competition in the market.

Artificial intelligence (AI) is rapidly transforming the way we live, work, and interact with each other. AI is increasingly being used to generate new and innovative solutions to complex problems, and its potential impact on innovation and intellectual property is profound. As AI becomes more integrated into our daily lives, it is crucial to understand the legal and ethical implications of AI and patenting.

This dissertation provides a comprehensive review of the history and development of AI, tracing its evolution from the early days of expert systems to the cutting-edge machine learning algorithms used today. It examines the role of AI in the invention process and its potential impact on the patentability of inventions. The dissertation also

provides a detailed analysis of the patent law framework in India, UK, and USA, exploring the patentability requirements and challenges associated with AI-based inventions.

The study highlights the importance of patenting AI-based inventions to promote innovation and ensure that the benefits of AI are shared widely. However, the study also notes the challenges associated with patenting AI-based inventions, such as the difficulty of determining inventorship and the lack of clear guidelines for assessing the novelty and non-obviousness of AI-generated inventions.

The study concludes that there is a need for further research to explore the role of AI in the invention process and its impact on patentability. There is also a need for clearer guidelines and standards for assessing the patentability of AI-based inventions. This could involve exploring the application of existing patentability requirements to AI- based inventions, as well as considering the development of new standards and criteria better suited to AI technology's unique characteristics.

Overall, the study provides a timely and comprehensive analysis of the patentability of AI-based inventions in India, the UK, and the USA. The study highlights the importance of developing effective and equitable innovation and intellectual property protection systems in the context of rapidly evolving AI technology. The study also concludes that there is a need for clearer guidelines and standards for assessing the patentability of AI-based inventions and for further research to explore the role of AI in the invention process and its impact on patentability. The study highlights the importance of developing effective and equitable innovation and intellectual property protection systems in the context of rapidly evolving AI technology.