A perspective of the patent regime in the light of the use of artificial intelligence

Document Type : Original research


1 MA. In Intellectual Property Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 University of Tehran


The patent system, based on its traditional rules and regulations, including novelty, innovative step, and industrial application, deems an invention worthy of protection and entitles a person to receive the title of inventor. But in the meantime, with the emergence of new artificial intelligence technology, there is a possibility that artificial intelligence will intervene in the examination of the substantive and formal conditions of inventions in a surprising way and improve the quality of the examination and, as a result, be effective on the number of issued certificates. On the one hand, patent infringement by artificial intelligence is possible and raises issues about responsibility and compensation for damages. The purpose of this article is to investigate the place of the phenomenon of artificial intelligence in the patent system of the countries in order to study the effects and consequences that this phenomenon will bring to this legal system, the inevitable changes that will be imposed on the principles and foundations of these legal systems. Therefore, the present article with a descriptive analytical method finally concludes that, firstly, many of the fundamental principles and concepts of this system, such as formal and substantive conditions necessary for granting protection, will undergo major changes, and secondly, in cases of patent infringement by artificial intelligence, the assigning responsibility to actors involved in this field is not possible.