Patentability of AI-generated Inventions and their Impact on market Competition: An Analysis Considering the Legal Perspective of Australia, Europe and the USA

Abstract

Artificial Intelligence (AI) machines, if trained substantially, are capable of inventing new products. In recent time, an issue has been raised globally as to whether AI-generated inventions should be granted patent. For training the artificial intelligence machines enough to be capable of inventing something noble, vast amount of data is required. In the present world of information technology, data have become a crucial commodity, and they have created a link between AI-generated inventions and market competition. This has given birth to another question as to whether these inventions can affect fair competition in the market, and if so, how the impacts can be remedied. The prime objective of this paper is to find out whether granting patent to AI-generated inventions contradicts with normative and doctrinal principles of patent regime. While proceeding with the issue, the paper will discuss how the created database to train AI can provide huge market power to few companies and can create a competition problem as well as what can be the potential remedies for these problems. For achieving the goal, the paper will discuss the concerned legislative provisions, case laws and executive decisions of three major global jurisdictions, i.e., Australia, Europe, and the USA. It argues that AI-generated inventions are contradictory to the patent regimes, they can negatively affect fair competition, and hence they should not be granted patent.

Rajshahi Uni. Law Rev.Vol. XIII, 2024; p165-188