LEGAL CHALLENGES OF ARTIFICIAL INTELLIGENCE AS A CREATOR IN PATENT AND COPYRIGHT

Abstract

Artificial Intelligence has transcended its role as a mere tool to become an independent creator of
literary, artistic, and inventive works. This evolution challenges traditional intellectual property
laws, particularly in the domains of patents and copyright, where human authorship and inventorship
have long been foundational principles. This article critically examines the legal challenges AI-
generated works pose to conventional patent and copyright frameworks, with a focus on originality,
authorship, and ownership under existing laws. In copyright law, the requirement for human
authorship raises significant issues regarding the eligibility of AI-generated works for protection.
The jurisprudence from jurisdictions such as the United States, the European Union, and Nigeria
underscores the reluctance of legal systems to recognize AI as an author, often resulting in the denial
of copyright protection. Similarly, in patent law, the concept of inventorship remains tethered to
human ingenuity, as demonstrated by global judicial and administrative rejections of AI-invented
patents, such as in the DABUS case. This article adopts the doctrinal method of legal research,
relying on statutes, case law, and scholarly literature to analyze these doctrinal and policy
challenges. It further evaluates whether traditional IP laws can be adapted to accommodate AI as a
creator or whether entirely new legal regimes are necessary. In light of these challenges, the article
recommends a hybrid legal framework that recognizes AI-assisted creations while maintaining a degree of human oversight. It also proposes legislative reforms to redefine authorship and inventorship in a way that accommodates technological advancements.