Patenting AI-Generated Works and its Legal Implications – with special reference to India

V. B. Malleswari


Artificial intelligence refers to the cognitive abilities displayed by machines. This includes the ability to learn from data in the form of algorithms, analyze and solve problems, draw inferences from situations and act accordingly. Despite being a product of human intellect, AI is capable of creating its own works, such as the text generator Chat GPT or the image generator DALL-E. Human creative works are protected under Intellectual Property rights, which includes AI. This raises questions about whether AI-generated works should be protected and whether patents can be granted to AI as an inventor. These questions have become increasingly relevant since 2020 due to advancements in technology. Recently, South Africa granted a patent to the AI-generated work ‘DABUS’, which is capable of generating inventions. This has sparked global debate as other countries do not agree with patenting AI works. This paper explores these issues in relation to India’s position by critically examining the provisions under the Patents Act 1970 and suggests that AI should always be supervised and controlled by humans and should not be considered an independent legal entity.

Keywords: Patents, Inventions, Artificial Intelligence, Chat-GPT

Recommended Citation

V. B. Malleswari, ‘Patenting AI-Generated Works and its Legal Implications – with special reference to India’ (2023) 1(1) OUJIPR, 51 accessed [date] Available at:

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