Patent rights in AI-generated data

Abstract

As artificial intelligence technologies continue to develop rapidly, it becomes increasingly important to understand technical and legal nature of it and of data generated by it in order to be able to resolve the multifaceted legal dilemmas surrounding artificial intelligence’s role in generating novel ideas and approaches to solving existing problems, collaboration with humans as well as creation of intellectual property. This thesis explores the legal treatment of artificial intelligence as a new legal institution and a potential subject to patent rights, as well as the nature of data generated by it with a special focus on its convergence with main patent law doctrines. The author explores the existing international legal framework regulating patents and examines how it applies to artificial intelligence agents and their generated data in the current realities. The author analyses whether the existing law and its interpretation has become obsolete as a result of its inability to foresee the rise of artificial intelligence and whether it should be adjusted. Or rather it is a universal design, underlying the well thought through philosophy that intellectual property rights can only exist are justified and deserve protection where humans take an active role in their creation.