The rapid advancement of artificial intelligence (AI) has enabled machines to autonomously generate technical solutions, thereby challenging the foundational assumptions of patent law. In this context, can AI-generated inventions be protected by patent law? There is a great controversy in the global academic community about this issue. One side advocates for protection, while the other opposes. There are two main reasons for the above controversy. First, scholars have different opinions on the subject of who completed the AI-generated inventions: Is it a person or a machine that completed such invention? Second, there is controversy over whether AI-generated inventions need to be incentivized. In the face of these controversies, it should be noted that humans play a core role in the creation of AI-generated inventions, and there is a need for incentives for AI-generated inventions. Therefore, it should be affirmed that AI-generated inventions can be protected by patent law. However, this does not mean that all AI-generated inventions can be protected by patent law: only when sufficient human intervention requirements are met can the invention be protected.
LUO et al. (Wed,) studied this question.