INTRODUCTION
With the development of Artificial Intelligence (hereinafter referred to as “AI”) and machine learning, machines are no longer just tools of innovation; they are becoming vital contributors to imagination. AI has the ability to generate novel ideas that are often associated with human ingenuity by understanding complex data and learning from it. An increase in AI inventions has caused a stir in the traditional patentability paradigm.
AI is transforming various industries by enabling machines to perform tasks that typically require human intelligence. This includes areas such as:
UNDERSTANDING AI PATENTIBILITY
In India, the patent eligibility of any works, including that of AI shall be governed by the Patents Act, 1970. The essential requirements must be satisfied for an invention to be eligible for patent protection: novelty, inventive step, and industrial applicability.
Patent eligibility for AI ideas poses unique challenges due to the difficulty of characterizing AI technologies. Major issues that have been raised for AI inventions are:
GUIDELINES FOR AI PATENTS
The Indian Patent Office (hereinafter referred to as “IPO”) has not developed special standards for examining AI-related innovations. These innovations are reviewed in accordance with the computer -Related innovations rules 2017 (hereinafter referred to as “CRI rules”). The key aspects of these guidelines are:
Patentable Subject- Matter: AI-related innovations are evaluated using the subject matter exclusions outlined in Section 3(k) of The Patents Act, 1970, mathematical methods, business methods, computer programmes per se and algorithms are not considered as patentable inventions. In relation to computer programs, the law provides a qualification that what is not patentable is only computer program per se.
Technical Effect: The IPO determines if the AI invention has a tangible technological effect. This might include increases in speed, accuracy, reliability, or other quantitative measures.
Inventive Step: An inventive move increases the status of a competent illustrator. However, when AI’s gain more knowledge and skills in the field, it is uncertain how a human patent examiner would be able to judge the obviousness of an AI innovation.
Technical Advancement: The invention must demonstrate a technical advancement over existing technology. This means it should offer a novel solution that is not obvious to someone skilled in the art.
AI PATENTS AND DATA PRIVACY
The intersection of AI patents and data privacy in India raises several implications:
AMLEGALS REMARKS
The trend of AI patent filings in India has been steadily increasing in recent years. Due to various reasons to contribute , including technological breakthroughs, rising demand for efficient solutions, support from the Government, and private sector investment.
The healthcare, image processing, transportation, edtech, IoT automation, and finance areas have made particularly significant advances in AI patent filing. The Indian Patent Office’s evaluation of AI-related innovations, in accordance with the Computer Related Inventions criteria, clarifies what should and should not be permitted in terms of mathematical or business techniques, computer programs in general, and algorithms.
The patent eligibility of AI in India requires careful consideration of technical contributions, novelty, and compliance with data privacy regulations. As AI continues to evolve, balancing innovation with data protection will be crucial for ensuring the ethical and responsible development of AI technologies.
– Team AMLEGALS assisted by Ms. Disha Sharma (Intern)
For any queries or feedback, feel free to reach out to mridusha.guha@amlegals.com or liza.vanjani@amlegals.com