AI-Generated Inventions: Implications for the Patent System

26 Pages Posted: 12 May 2023 Last revised: 26 Feb 2024

See all articles by Gaétan de Rassenfosse

Gaétan de Rassenfosse

École Polytechnique Fédérale de Lausanne

Adam B. Jaffe

Brandeis University; Motu Economic and Public Policy Research; National Bureau of Economic Research (NBER)

Melissa F. Wasserman

University of Texas at Austin - School of Law

Abstract

This symposium Article discusses issues raised for patent processes and policy created by inventions generated by artificial intelligence (AI). The Article begins by examining the normative desirability of allowing patents on AI-generated inventions. While it is unclear whether patent protection is needed to incentivize the creation of AI-generated inventions, a stronger case can be made that AI-generated inventions should be patent eligible to encourage the commercialization and technology transfer of AI-generated inventions. Next, the Article examines how the emergence of AI inventions will alter patentability standards, and whether a differentiated patent system that treats AI-generated inventions differently from hu-man-generated inventions is normatively desirable. This Article concludes by considering the larger implications of allowing patents on AI-generated inventions, including changes to the patent examination process, a possible increase in the concentration of patent ownership and patent thickets, and potentially unlimited inventions.

Keywords: AI, patents, Patent Office

Suggested Citation

de Rassenfosse, Gaétan and Jaffe, Adam B. and Wasserman, Melissa F., AI-Generated Inventions: Implications for the Patent System. Southern California Law Review, Forthcoming, U of Texas Law, Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=4434054 or http://dx.doi.org/10.2139/ssrn.4434054

Gaétan De Rassenfosse (Contact Author)

École Polytechnique Fédérale de Lausanne ( email )

Station 5
Odyssea 1.04
1015 Lausanne, CH-1015
Switzerland

Adam B. Jaffe

Brandeis University ( email )

Waltham, MA 02454-9110
United States
781-736-2251 (Phone)
781-736-2263 (Fax)

HOME PAGE: http://www.brandeis.edu/global/people/faculty/jaff

Motu Economic and Public Policy Research ( email )

Level 1, 93 Cuba Street
P.O. Box 24390
Wellington, 6142
New Zealand

HOME PAGE: http://motu.org.nz

National Bureau of Economic Research (NBER)

1050 Massachusetts Avenue
Cambridge, MA 02138
United States

Melissa F. Wasserman

University of Texas at Austin - School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

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