Can Artificial Intelligence Have Patent

Khurana and Khurana, Advocates and IP Attorneys India

Artificial intelligence in tech age has predominantly developed and marked it presence across diverse industries. It changed the way we look at technology it steeped a head by influencing our lifestyle like work , interaction with others . Right from autism virtual reality to agricultural drone imagery  it’s astonishing right ? But let’s take a moment to think threat it causing to human innovation and potential thinking skills . We are avoiding traditional methods of creativity  and problem solving as of having a easiest and fastest mode of solving. The increase in reliance of AI can have job displacement as it is offering an unprecedented eve efficiency and capabilities

What is patent ! It’s widely  said  under intellectual property , it is a legal right to protect your inventions , creativity, formula or say “secret sauce” as it encourages  to think innovative by granting privilege to avoid selling or using or making your innovation for certain period of time i.e. 20 years without authorisation .As its moto to foster creativity , protect Intellectual property and contribute to economic growth through innovation which are sustainable and practical

 sections under Indian patent act ,1970

Section – 3 what are not inventions 

Section -10 contents for specification : as it specifies the requirements for drafting a patent specifications 

Criteria to provide patent is that the idea of invention should be 

  • Novel – it should be a fresh idea , inventing something which is never made before or available in market before
  • Inventions – not be common 
  • Economic significance: it should be utilised for making money in industrial or for commercial purposes . It should be available for utility and practical


Advantages : 

  1. Innovation incentives – For research and organisation it’s servers as a investment in cutting edge technologies
  2. Economic impetus – it flourishes AI industry with entrepreneurial activity , it means granting patent can contribute to economic growth by which it attract in investment in AI  
  3. AI can’t be misused
  4. Legal clarity 


  1. Lack of inventiveness asses 
  2. As AI is operate based on programmed algorithm , data , prompting 
  3. Ethical conundrum
  4. Demotivates young minds 


Examples: AI time machine- us 201100934128AI 

It comprises at least one dynamic robot to train the Ai time machine a main program with two modes

Training mode and standard mode – external technologies comprising universal artificial intelligence. Program human level robots psychic robots .super intelligent robot the AI time machine . dynamic robots ,a signalling technology , atom manipulating, Ghost detecting machine…

DABUS Patent

IBA’s AI in drug discovery

Google’s  AI system for predicting medical events 

Cognitive codes AI conversation tools

Tesla vehicle machine learning

Chat GTP’s skapy pud reception 

Conclusion: :

As we study the complexity lies in patenting AI .We understand that the balance between technological advancements and safeguarding them play’s a vital role . Patenting with standards giving importance to creativity, uniqueness with responsibility , security can remove the controversial debates going .  Future lies in evolving of intellectual property and AI 

Khurana and Khurana, Advocates and IP Attorneys

About the Firm

Khurana and Khurana, Advocates and IP Attorneys

AddressD-45, UPSIDC, Site IV, Kasna Road, Greater Noida - 201308, National Capital Region, India
Tel91-120-313 2513, 91-120-350 5740
Contact PersonTarun Khurana

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