Intellectual Property (IP) refer to creations of the human mind. It includes things like inventions, literary and artistic works, and symbols, which are owned and created by humansbeing. IP is often called the product of the mind because it comes from human intellect that is thinking and creativity. In present scenario, Artificial Intelligence (AI) plays a very important and dynamic role in the field of Intellectual Property Rights (IPR). This paper goes through how AI affects the legal and policy aspects of IPR, especially in India. While AI helps in creating innovative products,it cannot own a copyright or patent. According to the Indian IPR laws (like the Patents Act, 1970), IP must be created by a human intellect, not a machine. AI is considered like a tool, much like a computer, that supports human creativity and innovation, but it cannot replace human intellect. In fact, AI itself is a result of human intellect. AI can be very useful in generating new ideas, analyzing huge amounts of data, spotting trends, and even detecting infringement and passing out of copyrights, patents, and trademarks quickly. But it still depends on human instructions and works for human benefit. For example, a young scientist named Munir Khan from Lakhimpur Kheri, Uttar Pradesh, won the Engineering for Humanity Award 2025 for inventing smart glasses for visually impaired people through his start-up Cadre Tech-Notories Service LLC. In the case of Thaler vs. Comptroller General of Patents (UK and EU), the courts ruled that AI cannot be listed as an inventor in a patent application because inventor ship is limited to humans.
Chhavi Jain (Thu,) studied this question.
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