Generative AI and Patents: Can
Generative Artificial Intelligence (GenAI) is rapidly changing how businesses and researchers create new technologies. From developing software and materials to assisting with drug discovery and engineering, AI systems can now contribute significantly to the innovation process. This growth is also creating an important question for patent law: Can an invention generated with the help of AI be patented?
The Rise of Generative AI and Patent Innovation
Patent activity related to Generative AI has grown dramatically in recent years. According to the World Intellectual Property Organization (WIPO), GenAI inventions increased from approximately 18,862 in 2024 to 37,808 in 2025.
These inventions cover areas such as large language models, image and video generation, software development, healthcare, drug discovery, and other industrial applications. The rapid growth demonstrates that companies and researchers are increasingly treating AI as an important part of their innovation strategies.
Can an AI-Generated Invention Be Patented?
Using AI to develop an invention does not automatically prevent the invention from receiving patent protection. Generally, the invention must satisfy the applicable requirements for patentability, such as novelty, inventive step, and industrial applicability.
In India, the Patents Act, 1970 provides that an invention must be a new product or process involving an inventive step and capable of industrial application.
The more difficult question is inventorship. Traditional patent systems generally identify a human being as the inventor. Therefore, simply stating that an AI system independently created an invention does not necessarily make the AI eligible to be named as the inventor.
AI as a Tool vs. AI as an Inventor
There is an important distinction between an invention created with AI assistance and one autonomously generated by AI.
If a researcher uses an AI system to identify potential solutions, analyse data, generate alternatives, or improve an existing concept, the human researcher may still make the substantive inventive contribution.
However, a more complex legal issue arises when an AI system independently generates a new invention without a sufficiently identifiable human inventive contribution. Patent offices and courts in different jurisdictions have been considering how existing patent laws should address these situations. WIPO has specifically identified AI inventorship as one of the major challenges facing the current patent system.
What Does This Mean for Businesses?
Businesses using Generative AI should carefully document the development of AI-assisted inventions. Records showing the human contribution, technical decisions, experiments, modifications, and testing can become important when establishing inventorship and preparing a patent application.
Companies should also conduct a thorough prior-art search before filing. An AI-generated idea may appear innovative but could already be disclosed in existing patents, scientific publications, or other public sources.
For AI-driven startups, protecting the underlying technology early can also help establish a stronger intellectual property strategy and competitive advantage.
The Future of AI and Patent Law
The rapid development of Generative AI is challenging traditional concepts of invention and inventorship. WIPO continues to examine the relationship between AI and intellectual property, including questions concerning AI-assisted innovation, inventorship, ownership, and patent protection.
As AI becomes more involved in research and development, patent laws and examination practices may continue to evolve. For now, businesses should focus on documenting meaningful human contributions and ensuring that AI-assisted inventions meet all applicable patentability requirements.
Conclusion
AI-generated inventions can raise complex patent questions, but using AI as part of the inventive process does not automatically make an invention unpatentable. The key issues are whether the invention satisfies patentability requirements and whether an eligible human inventor can be identified under the applicable law.
For businesses developing AI-based technologies, early patent strategy, proper documentation, and professional patent advice can help protect valuable innovations while navigating the evolving legal landscape.
This article is for general informational purposes and should not be considered legal advice.