Record Details

Emerging Technologies and IPR: A Cross-Jurisdictional Examination of AI and Patent Laws in India and the USA

NOPR - NISCAIR Online Periodicals Repository

View Archive Info
 
 
Field Value
 
Title Emerging Technologies and IPR: A Cross-Jurisdictional Examination of AI and Patent Laws in India and the USA
 
Creator Mishra, Prachi
Thakur, Virendra Singh
Shandilya, Shubham
Singhal, Ashish Kumar
Kishore, Yugal
 
Subject Artificial Intelligence
Patent Regime
Innovation
Legislative Framework
Economic Growth
Patentability of AI
 
Description 413-421
The rapid development of Artificial Intelligence (AI) is swiftly reaching a critical juncture, which will greatly affect a
multitude of sectors such as business, healthcare, and agriculture. While the enhanced capabilities of AI offer considerable
potential for beneficial outcomes, they also present a substantial obstacle to current legal structures regulating patents. This
conundrum carries extensive consequences for creativity, economic growth, and the broader community.1 In light of this, it
is critical that stakeholders, including patent experts, policymakers, and academics, engage in robust dialogues to develop
strategies for encouraging innovation and navigating the complex legal terrain that arises from patent law in the AI
paradigm.2 The stakes are high, and the consequences of failing to address these challenges could be dire. In light of the
current context, this paper examines various facets of patent law as they relate to AI creations, encompassing patent
eligibility principles, the patentability of AI in the United States and India, and the more extensive consequences of AI and
patent law's convergence. The paper offers a comparative analysis of the legal structures in these two nations, illuminating
the similarities and distinctions in how AI is addressed in each legal system. The paper proposes a set of suggestions for
modifying legal frameworks to keep up with the swift advancements in AI technology. By concentrating on the difficulties
that emerge from the interplay of AI and patent law, the paper underscores the necessity for continuous discussion and
cooperation among all parties involved, ensuring that creativity flourishes in this rapidly changing and exhilarating domain.
 
Date 2023-09-25T11:21:15Z
2023-09-25T11:21:15Z
2023-09
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/62590
https://doi.org/10.56042/jipr.v28i5.399
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.28(5) [Sep 2023]