Who Owns AI Inventions? Rethinking Patent Monopoly in the Age of Artificial Intelligence

The rapid advancement of Artificial Intelligence (AI) has created new challenges for traditional patent law, particularly regarding inventorship and ownership of AI-generated inventions. This study examines the interaction between AI-based innovations and the patent system, focusing on the legal position in India under the Patents Act, 1970, while also providing a comparative perspective on patent regimes in the United States, China, and Europe. It analyses how patent law has evolved through case law and administrative decisions in response to emerging technologies and evaluates the growing role of AI in generating inventions traditionally attributed to human intellect. The study further considers whether existing legal standards can be interpreted or adapted to accommodate machine-generated inventions, while addressing the associated legal, social, economic, and ethical concerns. Finally, it examines India’s current approach to AI-related patent protection and explores the possibilities and limitations of expanding patent law to include AI-generated inventions within the existing legal framework.