BETWEEN THE FUTURE OR JUST UTOPIA: A CRITICAL ANALYSIS OF THE LEGAL PERSONHOOD OF ARTIFICIAL INTELLIGENCE ON THE CLAIM AS A PATENT INVENTOR

Abstract

This research aims to analyze AI's willingness, ability, rights, and responsibilities to claim as a patent inventor, taking into account the concept of legal personhood. It also aims to assess the future legal framework surrounding AIs as patent inventors. To examine and understand this research topic, the researcher used doctrinal legal research and conducted the analysis using qualitative analysis methods. Based on the findings, asserting human-like autonomy requires an unpredictable blend of instinct and reason. An AI that solely mimics human input and is dependent on humans, therefore lacks the ability to take responsibility for its own actions and determine its own fate as a legal subject. This is not acceptable.  Future patent law should be based on utilitarian theory, which focuses on improving social welfare. Patent protection is aligned with the goal of encouraging innovation and making technological information accessible to the public. Claiming AI as an inventor in current patents is a mere utopia.