The interface between law and artificial intelligence: the use of ai as a tool in intellectual property law - patent system / A interface entre a Lei e a inteligência artificial: o uso da inteligência artificial como uma Ferramenta no direito de propriedade intelectual - sistema de patentes

Abstract

This research sought to investigate the use of Artificial Intelligence in the development of patents, especially in the search and dissemination of anteriority. The research problem refers to the question of whether Artificial Intelligence 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, in order 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 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 and European contexts, providing a perspective of comparative law. Lastly, 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 Artificial Intelligence 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, reliable and “explicable” use of Artificial Intelligence, as a TOOL, especially related to the patent system.