• Gunjan Kalra

With the rapid development and expansive integration of Artificial Intelligence (AI) across diverse sectors such as healthcare, law, finance, education, and creative industries, a fundamental shift has emerged in how societies interact with technology. This technological surge has compelled a critical re-examination of various legal doctrines, most prominently within the field of intellectual property (IP) law. In particular, patent law has encountered profound theoretical and practical challenges in light of machine-generated innovations. This dissertation sets out to explore, in a detailed and comparative manner, the evolving standards for patentability of AI-based inventions and how traditional patent criteria are being redefined—or resisted—across key jurisdictions. A central issue explored in this study is the question of inventorship. Patent law, as it currently stands in most legal systems, relies heavily on the notion of human creativity and intention, framing inventorship around individuals with mental conception of an idea. However, the rise of AI systems capable of autonomous problem-solving and novel output generation presents an unprecedented challenge to this anthropocentric model. When an AI system, devoid of legal personality, generates a potentially patentable invention without human intervention, existing statutory provisions fall short of offering a viable legal framework. This study critically examines the conceptual and legislative boundaries of human inventorship in the context of algorithmically generated inventions.i Equally significant is the examination of the substantive conditions of patentability—namely, novelty, inventive step (non-obviousness), and industrial applicability—as applied to AIgenerated outputs. Given that AI systems often rely on pre-existing data sets and machine learning models to derive outcomes, the delineation between computational output and creative inventiveness becomes increasingly blurred. This research investigates whether current legal doctrines are equipped to evaluate the originality and technical merit of AI inventions using existing standards, or whether these criteria necessitate conceptual overhaul. The dissertation undertakes a comparative analysis of patent law responses from major jurisdictions, including the United States, the United Kingdom, the European Union, and India. Each jurisdiction presents distinct approaches to defining inventorship, assigning legal rights, and interpreting patentability in the AI context. These legal variations reveal a broader international ambivalence regarding AI's legal status and the scope of its creative agency. The findings of this research reveal a significant lacuna in global patent law when it comes to acknowledging the evolving nature of technological innovation. AI is increasingly functioning not just as a tool, but as a semi-autonomous contributor to inventive processes. Absent legislative reform, this legal void may disincentivize innovation and obstruct the full potential of AI integration into society’s creative and scientific fabric. This dissertation concludes by proposing actionable policy reforms and legal adaptations to better accommodate AI-driven inventorship while maintaining the fundamental principles of the patent system. Recommendations include reinterpreting existing definitions of inventorship to include AI-assisted contributions, introducing sui generis rights for machine-generated inventions, and fostering international harmonization of legal standards to ensure both innovation and legal certainty in the AI era.

Artificial Intelligence (AI) AI-generated Inventions Patent Law Intellectual Property (IP) Inventorship Patentability Criteria Machine Learning Legal Framework Comparative Jurisdictions DABUS Innovation and Technology Non-Human Creators Ownership Rights Legal Reform AI and Creativity

"Examining The Criteria For Patenting AI-Based Inventions And The Evolving Standards In Different Jurisdictions", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 5, page no.k611-k661, May-2025, Available :http://www.jetir.org/papers/JETIRTHE2210.pdf

"Examining The Criteria For Patenting AI-Based Inventions And The Evolving Standards In Different Jurisdictions", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 5, page no. ppk611-k661, May-2025, Available at : http://www.jetir.org/papers/JETIRTHE2210.pdf