The advent of generative artificial intelligence has sent shock waves across industries, from the technical to the creative. AI systems that can generate viable computer code, write news stories and spin up professional-looking graphics have inspired countless headlines asking whether they will take away jobs in technology, journalism and design, among many other fields.
And these new ways of doing work and making things raise another question: In the era of AI, what does it mean to be an inventor?
Among technologists who build digital tools or programs, it is increasingly common to use AI as part of design and development processes. But as deep learning models flex their technical muscles more and more, even highly skilled researchers who are using AI in their work have begun to express concerns about becoming obsolete.
There is much debate about whether AI can augment human creativity, but emerging data suggests that the technology can boost research and development where creativity typically plays an important role. A recent study by MIT economics doctoral student Aidan Toner-Rodgers found that scientists using AI tools increased their patent filings by 39% and created 17% more prototypes than when they worked without such tools.
While this study indicates that AI seemed to help humans be more productive, it also showed there was a downside: 82% of the surveyed researchers felt less satisfied with their jobs since implementing AI in their workflows. “I couldn’t help feeling that much of my education is now worthless,” one researcher said.
This emerging dynamic leads to a related question: If a scientist uses AI in order to build something new, does the output still qualify as an invention? As a legal scholar who studies technology and intellectual property law, I see the growing power of AI shifting the legal landscape.
Natural persons
In 2020, the United States Patent and Trademark Office refused to list the AI system DABUS, which purportedly designed a food container and a flashing emergency beacon, as an inventor on patent applications. Subsequent court rulings clarified that under current U.S. law, only humans can be listed as inventors, but they left open the question of whether inventions developed by scientists with the help of AI qualify for patent protection.
The concept of inventorship and legal protections for inventions have deep roots in the U.S. The Constitution explicitly protects the “exclusive rights” of authors and inventors “to their respective writings and discoveries,” reflecting the framers’ strong conviction that the state should protect and encourage original ideas.
The first U.S. patent, granted in 1790 and signed by George Washington.
United States Patent and Trademark Office
U.S. law today defines an inventor as a natural person who has conceived of a complete and operative invention that can be used without extensive research or…
