Inventions by Artificial Intelligence: Patentable or Not?

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As per Section 6 of The Patents Act, an application for a patent can be made by any person claiming to be the true and first inventor of the invention. Further Section 2(1)(s) shows how a natural person is set out from others such as the Government under the meaning of'person'. Thus, only a natural person who is true and first to invent, who contributes his originality, technical knowledge or skill to the invention would qualify to be recognized as an inventor in India. However, this was put to test in the case of the Device for Autonomous Bootstrapping of Unified Sentience ("DABUS"), an Artificial Intelligence ("AI") system created by Dr Stephen Thaler. DABUS is trained to substitute aspects of human brain function.

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