Getting the innovation ecosystem ready for AI – An IP policy toolkit

This could include the type of AI tools and training data used, or a description of how the output of the algorithm and the human input, selection and processing contributed to the patented AI-assisted invention. [...] While some national patent laws expressly state that the inventor is the person or persons who contribute to the claims of a patentable invention15 or the actual deviser of the invention,16 this simply shifts the discussion from who the inventor is to one defining the claimed invention. [...] However, from an economic perspective, the key question is not whether AI or humans create innovations, but how Getting the innovation ecosystem ready for AI – An IP policy toolkit AI-driven innovations transform the innovation process and affect the incentive balance in the 21 innovation ecosystem.37 The impact of AI on the patent system needs to be understood in the context of the economic ratio. [...] To develop a balanced framework that continues to promote the economic and social benefits that justify patent laws, factors like the nature of AI-generated invention, any ongoing need for incentives and the desirability of the continued disclosure of inventions will all need to be considered in the context of the entire IP system and its socioeconomic environment. [...] The existing requirement that the human who devised the invention be named on the patent application allows the identification of the human(s) responsible for bringing the invention into existence and ensures that the human(s) contributing to the technological advancement can be rewarded (see Why does patent law focus on the human inventor?).