USPTO Inventorship Guidance on AI Patentability for Indian Stakeholders
From the Secretariat
Indic Pacific Legal Research, our parent firm, recently published an insight for Visual Legal Analytica discussing the implications of the USPTO's Inventorship Guidance on AI Patentability for Indian stakeholders. The article provides a comprehensive analysis of the guidance and its potential impact on the Indian landscape of innovation.
Key Points:
AI-generated works, including patents and copyrights, can be protected under the current IPR regime. The statement aligns with international copyright law, which allows only individuals, groups of individuals, and companies to own intellectual properties associated with AI.
The USPTO's guidance emphasizes that AI-assisted inventions are not categorically unpatentable, but the human contribution to an innovation must be significant enough to qualify for a patent when AI also contributed.
The guidance provides instructions to examiners and stakeholders on determining the correct inventor(s) for inventions created by humans with the assistance of AI systems.
The USPTO's guidance could have significant implications for Indian research institutions, startups, and multinational corporations operating in India.
The recent memorandum of understanding between the USPTO and the Indian Patent Office at Kolkata could facilitate collaboration and intellectual property sharing between Indian researchers and global partners.
The growing partnership between the US and India in scientific research could further strengthen collaboration in AI, with 35 jointly funded projects in space, defense, and new technologies, including AI.
Indian stakeholders should prepare for possible changes in patent law and international intellectual property norms by staying informed, ensuring AI-related inventions meet legal requirements, focusing on integrating AI features into practical applications, providing clear empirical determinations of technical contributions, and engaging with policymakers.
The article concludes by emphasizing the importance of understanding the USPTO's AI patentability guidance for Indian stakeholders and the need for proactive engagement with global patentability standards to support innovation in India's research, startup, and industry sectors.
Read the complete article at https://www.indicpacific.com/post/uspto-inventorship-guidance-on-ai-patentability-for-indian-stakeholders