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Article: AI inventors: deference for legal personality without respect for innovation?
Title | AI inventors: deference for legal personality without respect for innovation? |
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Authors | |
Issue Date | 2023 |
Publisher | Oxford University Press. The Journal's web site is located at http://jiplp.oxfordjournals.org |
Citation | Journal of Intellectual Property Law & Practice, 2023, v. 18, Issue 1, p. 58-69 How to Cite? |
Abstract | Legal personality is the cornerstone of the operation of law and legal systems. Similarly, innovation provides the core justification for intellectual property rights. Artificial Intelligent systems have demonstrated the ability to produce novel inventions. Ordinarily, the inventor is the recipient of patents for their inventions. However, AI systems lack legal personality. The issue becomes should, and if so, how should patent law protect inventions for those who lack legal personality. The paper analyses three jurisdictions, the UK, the US and Australia, and their respective approaches to AI inventors to explore the conflict between having deference for legal personality questions and respect for future innovation where the inventor is uncertain. The paper argues that legal personality is essential for the intercourse of patent rights and that refusing the entitlement of patents to AI systems is the correct approach. It further argues that statutory reform would be desirable to focus on ensuring that the end user of AI systems is adequately incentivised to create inventions beneficial to society. |
Persistent Identifier | http://hdl.handle.net/10722/324639 |
DC Field | Value | Language |
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dc.contributor.author | Li, Y | - |
dc.contributor.author | SOUTHWORTH, EK | - |
dc.date.accessioned | 2023-02-20T01:33:48Z | - |
dc.date.available | 2023-02-20T01:33:48Z | - |
dc.date.issued | 2023 | - |
dc.identifier.citation | Journal of Intellectual Property Law & Practice, 2023, v. 18, Issue 1, p. 58-69 | - |
dc.identifier.uri | http://hdl.handle.net/10722/324639 | - |
dc.description.abstract | Legal personality is the cornerstone of the operation of law and legal systems. Similarly, innovation provides the core justification for intellectual property rights. Artificial Intelligent systems have demonstrated the ability to produce novel inventions. Ordinarily, the inventor is the recipient of patents for their inventions. However, AI systems lack legal personality. The issue becomes should, and if so, how should patent law protect inventions for those who lack legal personality. The paper analyses three jurisdictions, the UK, the US and Australia, and their respective approaches to AI inventors to explore the conflict between having deference for legal personality questions and respect for future innovation where the inventor is uncertain. The paper argues that legal personality is essential for the intercourse of patent rights and that refusing the entitlement of patents to AI systems is the correct approach. It further argues that statutory reform would be desirable to focus on ensuring that the end user of AI systems is adequately incentivised to create inventions beneficial to society. | - |
dc.language | eng | - |
dc.publisher | Oxford University Press. The Journal's web site is located at http://jiplp.oxfordjournals.org | - |
dc.relation.ispartof | Journal of Intellectual Property Law & Practice | - |
dc.rights | Post-print: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in [insert journal title] following peer review. The definitive publisher-authenticated version [insert complete citation information here] is available online at: xxxxxxx [insert URL that the author will receive upon publication here]. | - |
dc.title | AI inventors: deference for legal personality without respect for innovation? | - |
dc.type | Article | - |
dc.identifier.email | Li, Y: yali@hku.hk | - |
dc.identifier.authority | Li, Y=rp01260 | - |
dc.identifier.hkuros | 344071 | - |
dc.identifier.volume | 18, Issue 1 | - |
dc.identifier.spage | 58 | - |
dc.identifier.epage | 69 | - |
dc.publisher.place | England | - |