In recent years, artificial intelligence (AI) has transformed multiple sectors of the economy, from pharmaceuticals to aerospace technologies. Alongside this transformation, there has been a steady increase in inventions either assisted or generated by AI, raising legal and ethical debates, especially in the field of intellectual property. The intersection between AI and patents is among the most complex and relevant issues today, both for inventors and for companies aiming to protect their technological innovations in an increasingly dynamic environment.
This article explores the key points of convergence between AI and the patent system, outlining the legal and practical dilemmas involved, and emphasizing the importance of specialized legal guidance to ensure effective and strategic protection for innovation.
The role of AI in technological innovation
Artificial intelligence has become an essential tool for researchers and inventors. Machine learning algorithms can analyze vast datasets, identify patterns, and even suggest innovative solutions to highly technical problems. This capacity is particularly valuable in fields such as biotechnology, the pharmaceutical industry, and aerospace, where the discovery of new molecules, compounds, or systems requires intense data processing.
In many cases, AI acts as a supporting tool, assisting humans in the discovery process. In others, the degree of autonomy is so significant that it raises a provocative question: can an artificial intelligence system be considered the inventor of a patent?
Can AI be a patent inventor?
The issue of authorship in AI-generated inventions is one of the most debated topics in modern patent law. Legally, the answer is no. According to the prevailing interpretation among leading intellectual property offices – including Brazil’s National Institute of Industrial Property – only natural persons can be listed as inventors in a patent application.
High-profile cases, such as the DABUS project, have tested this interpretation by submitting patent applications in various jurisdictions naming an AI system as the inventor. While a few countries, such as South Africa, have accepted this approach, the majority of patent offices, including the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO) and the Brazilian Intellectual Property Institute (INPI), have rejected such filings, affirming that current legal frameworks require a human inventor. Therefore, even if an AI contributes substantially to an invention, a human must still be named as the inventor.
Patentability of AI-assisted inventions
Another crucial issue relates to the patentability of inventions developed with the aid of AI – a topic that has been under discussion in the United States for several years. In such cases, the legal challenge is not necessarily about authorship, but rather about meeting the classical patentability criteria: novelty, inventive step, and industrial applicability.
Using AI as a tool in the inventive process does not, in itself, prevent patent protection – provided that the invention meets these criteria. However, demonstrating inventive step can be particularly challenging. This is because AI systems can perform automated analyses that were once considered to require human ingenuity, potentially calling into question whether the invention truly involves a non-obvious advancement.
For this reason, it is essential to prepare the patent application with careful attention to the description, clearly outlining the role played by AI and highlighting the technical advancement achieved. Additionally, technical considerations in the structure and wording of the application are crucial, especially when the AI is embedded in software or algorithms. While Brazil maintains restrictions on patenting software as such, it is possible to protect processes and methods implemented by software – provided they present a technical effect and have industrial applicability.
The challenge of international protection
AI’s inherently global nature introduces additional challenges in registering and protecting patents. A technology developed in Brazil using AI can quickly be implemented abroad, making it essential to pursue an international patent strategy.
Mechanisms such as the Patent Cooperation Treaty (PCT) allow applicants to seek protection in multiple countries through a single filing, streamlining the international process. However, each jurisdiction may have different interpretations of what constitutes a patentable invention when AI is involved.
For this reason, guidance from a legal team specialized in intellectual property is essential for defining an effective international protection strategy – including choosing the countries for filing, drafting precise claims, and monitoring the competitive landscape.
Trends and future outlook
The number of patents involving AI has grown exponentially. According to the World Intellectual Property Organization (WIPO), over 340,000 AI-related patents were published between 2010 and 2020. The leading areas include computer vision, speech recognition, robotics, and digital health.
This trend is also evident in Brazil, where AI-based innovation is increasingly present in strategic sectors and driving a rise in patent applications. The expectation is that regulatory agencies, such as the INPI, will continue to evolve their practices to keep pace with these developments – including evaluating the use of AI in patent examination procedures.
As technology continues to advance, it is possible that legal systems will evolve as well – either to formally recognize AI’s role in creating inventions or to establish specific legal frameworks for these types of innovations. Until then, however, the legal landscape remains uncertain, demanding greater attention from inventors and innovative companies alike.
The importance of specialized legal counsel
The intersection of artificial intelligence and patents represents a promising but complex frontier within intellectual property law. While the benefits of using AI to develop new technologies are clear, securing legal protection for those innovations requires diligence, technical knowledge, and strategic insight.
Questions surrounding inventorship, the boundaries of machine-assisted innovation, the drafting requirements for patent applications, and international protection strategies make specialized legal guidance indispensable. Without it, valuable rights may be lost, or the exclusivity of an innovation may be compromised.
In an era of rapid technological change and evolving regulatory frameworks, proper legal counsel is not just a formality – it is a competitive advantage. Whether your goal is to file, protect, or commercially leverage an AI-based invention, partnering with the experienced team at Ricci Intellectual Property is the safest and most effective path forward.
