| Abstract: | Artificial Intelligence (AI) has shifted from being a supportive tool to an independent actor in creating novel technologies. AI systems can now autonomously generate inventions, raising questions about the suitability of traditional patent law frameworks, which assume human inventors. In India, the Patents Act, 1970 recognizes only natural persons as inventors, leaving AI-generated innovations outside the scope of protection. This legal gap risks discouraging AI research and weakening India’s competitiveness in advanced technology sectors. This paper examines the tension between AI-driven innovation and India’s patent law, drawing on global precedents including the DABUS cases in the United States, European Union, and Australia. It explores challenges in inventorship and ownership, analyses comparative international approaches, and offers policy recommendations. The study argues that India should recognize AI as a co-inventor or attribute inventorship to controlling entities, develop AI-specific examination guidelines, and integrate ethical and public interest safeguards. Such measures would modernize India’s patent system while maintaining accountability, transparency, and societal benefit. |
