AI-Assisted Inventions and Inventorship: A Commentary on Thaler v. Comptroller-General for Strengthening India’s Patent Framework

Abstract

This case commentary examines the landmark decision in Thaler v. Comptroller-General of Patents, Designs & Trade Marks and its implications for the evolving domain of artificial intelligence assisted inventions. The judgment, which grappled with whether AI systems can qualify as inventors under patent law, highlights the challenges posed by emerging technologies to traditional legal frameworks. While several jurisdictions are engaging with these debates, India's patent regime remains largely silent on the issue of AI inventorship. This commentary critiques the current Indian legal framework, identifying its limitations in accommodating AI-generated innovations. By drawing comparisons with international developments and analyzing ethical, legal, and policy dimensions, it provides recommendations to strengthen India's patent law. The commentary emphasizes the need for adaptive legal mechanisms that balance innovation incentives with public interest. This analysis is crucial for ensuring India remains competitive in the global innovation landscape while maintaining a robust and inclusive intellectual property regime.