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With significant investments and exponential growth in the global AI market, the importance of patents as an indicator of innovation outputs has become more pronounced. However, the rise of AI-generated inventions poses new challenges to the existing patent system. The research delves into the patentability of AI inventions, with a focus on the Dr. Thaler and DABUS case, which questioned whether AI can be recognized as an inventor. This case has ignited global discussions on the ownership of AI-generated inventions and other disclosure requirements in IP systems. Additionally, we explore alternative appropriability strategies rather than patenting. The research highlights the need for a balanced and efficient patent system that fosters continuous innovation in the era of autonomous AI rather than incites a patent racing between humans and machines, which seems to open Pandora’s box.

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Patent, Still a Leading Indicator in AI Technology Innovation?

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  • 发表日期：

    2025年

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  • Shirley Tang

摘要

With significant investments and exponential growth in the global AI market, the importance of patents as an indicator of innovation outputs has become more pronounced. However, the rise of AI-generated inventions poses new challenges to the existing patent system. The research delves into the patentability of AI inventions, with a focus on the Dr. Thaler and DABUS case, which questioned whether AI can be recognized as an inventor. This case has ignited global discussions on the ownership of AI-generated inventions and other disclosure requirements in IP systems. Additionally, we explore alternative appropriability strategies rather than patenting. The research highlights the need for a balanced and efficient patent system that fosters continuous innovation in the era of autonomous AI rather than incites a patent racing between humans and machines, which seems to open Pandora’s box.