Uso da Inteligência Artificial nas patentes: análise das decorrências jurídicas

Abstract

This research sought to analyze the use of Artificial Intelligence (AI) in the development of patents. The research problem refers to the question of whether AI technology can be considered as an Inventor in itself, and hold a patent: what are the main considerations and arguments for refusing this idea in the present scenario? Consequently, to achieve this multidisciplinary undertaking to study the interface between AI and patents, it was necessary to apply a perspective also centered on data analysis, IOT (internet of things), machine learning, Big data and new technologies in the age of the digital revolution, evaluating the algorithmic characteristic of black boxing. In addition, the studies necessarily covered the contextualization and criteria of legal responsibility, personality rights and contractual relations as fundamental factors to support the thesis discussed here. The studies briefly addressed the regulatory aspects and legislative policies of AI in the international context, providing a perspective of comparative law. The work tried to address some of the issues of transparency and ethics involved in this problematic topic, bringing the concept of cui bono to justify the impossibility of granting a patent to AI. Therefore, this research work encompassed the advantages and disadvantages involved in the AI scenario, demonstrating improved performance and results of its use in the industrial property area, according to business practices and techniques, and the ethical parameters that must be pursued by society, to develop a transparent and reliable use of AI, as a tool, especially related to the patent system. The conclusions refer to the legal impossibility of AI to be currently considered as the inventor of a patentable creation.