Conclusion
Recognition of AI as an inventor, being a progressive move, can certainly pose challenges, primarily to human inventors. Patent law requires that a patent should be non-obvious to a person skilled in the art, and the recognition of an AI inventor could possibly raise the bar for a person skilled in the art, making it difficult for human inventors to obtain patents.
Another aspect that warrants attention is the lack of autonomy in AI and the human contributions made in AI-generated inventions. The extent to which an AI has made an invention in an autonomous manner with minimal human input will vary on a case-to-case basis and lawmakers need to clearly define the ‘extent of contribution’ that will be substantial enough to claim inventorship and be able to identify that contribution in every case.
The European Parliament has stated that any wrongful acts or omissions by an AI will make its human operator/manufacturer/user liable and not the AI itself. This could discourage the use of AI for inventions. Further, the US District Court for the Eastern District of Virginia held that only a human being can be legally listed on a patent as an inventor.
See the full story here: https://www.barandbench.com/view-point/the-viewpoint-on-the-horns-of-a-dilemma-inventorship-of-ai-generated-inventions