Resumo:
The exploratory and comparative research aims to analyze the extent and
consequences of the lack of connection between law and economics in judicial
decisions regarding the patentability of inventions developed by artificial intelligences
(AIs). To achieve this, the theoretical framework relies primarily on Niklas Luhmann's
theory of autopoietic social systems. The historical development of patents and their
role in the relationship between law and economics was examined, and efforts were
made to identify how the economy receives and interprets the possibility of AIs being
inventors. This reception was compared with the response given by different legal
systems worldwide. The results demonstrate discrepancies between the significant
role of AIs in the economy and what the law discusses and decides, strictly adhering
to its grammar, particularly the terminology "inventor." Thus, by ignoring the
environment and its expectations, risks of sustainability for both the law and patent law
can be identified.
