The emerging AI sector and incentivisation of patent law: a necessary evil?

The emergence of artificial intelligence brings with it a paradigm shift in terms of innovation. The possibility of inventions generated solely by artificial intelligence cuts across current patent law. This project examines whether the patent law is actually required as a regulatory lever to incentivise the development of a robust artificial intelligence sector. Anticipated research questions include: Are such inventions patentable internationally? Should they be patentable? Does the emerging artificial intelligence sector need the incentivisation of patent law to successfully develop? What level of human intervention in AI systems will mean they are "solely" developed by the AI? The project will incorporate a case study of "artificial inventor" patent law test cases globally, and ascertain the sentiment of the Australian AI sector on this important issue. The principal methodologies will include doctrinal research into the Artificial intelligence test cases, the emerging research in the United Kingdom on incentivisation of the AI sector, and potential survey and/or focus group inquiry of the Australian AI sector. Strong understanding of patent law will be required.