An Exploration of the Chain of Ownership Issue in Artificial Intelligence and Patent Law

This paper examines the chain of ownership issue in patent law concerning artificial intelligence (AI), specifically addressing the question of whether AI should be recognized as an inventor. Traditionally, patent law grants ownership to human inventors or employers to foster innovation. However, as AI plays a larger role in the inventive process, questions arise about its eligibility as an inventor. Legally, AI lacks the qualifications of an independent legal subject and cannot fulfill the patent law requirements for inventorship, which are tied to human creativity and intent. Ethically, AIs creations are based on data processing rather than genuine creativity, and recognizing AI as an inventor may devalue human innovation. Granting AI inventorship could cause legal issues, such as ownership disputes and incentive imbalances. Through the analysis of relevant literature and cases, the paper shows that AI should not be recognized as an inventor under current patent law, as it lacks human qualities such as consciousness and moral intent. However, as AIs role in innovation grows, legal reforms may be needed to address the ownership and incentives for AI-generated inventions.