India’s Perspective on Patenting Artificial Intelligence-Related Inventions: Artificial Intelligence (AI) is rapidly transforming industries such as healthcare, finance, transportation, and manufacturing. As AI technology advances, the global focus on patenting AI-related inventions has intensified, with each country adopting distinct approaches based on their legal frameworks and strategic priorities. India, in particular, has taken a cautious and balanced stance on the patenting of AI-related inventions.

India’s Patent System: India’s patent system is governed by the Patents Act, 1970, which outlines the legal criteria for granting patents. For an invention to qualify for patent protection, it must meet specific requirements, including novelty, inventive step, and industrial applicability. These criteria are equally applicable to AI-related inventions, ensuring that they undergo the same rigorous assessment as other innovations.

The Role of the Indian Patent Office: The Indian Patent Office (IPO) is responsible for examining patent applications and determining their eligibility for patentability. When it comes to AI-related inventions, the IPO employs a technology-neutral approach, treating them as any other type of invention. This means that AI algorithms and software are not automatically excluded from patent protection. However, to be patentable, the invention must demonstrate novelty and an inventive step.

Exclusion of Abstract Ideas and Mathematical Methods: A key aspect of India’s approach to AI-related patents is the exclusion of abstract ideas and mathematical methods from patentability. This implies that mere algorithms or mathematical formulas, without any tangible technical application or industrial utility, are not considered patentable. However, if an AI algorithm or software exhibits technical advancement and practical industrial use, it may be eligible for a patent.

Balancing Innovation and Public Welfare: India’s approach to patenting AI-related inventions is also shaped by its commitment to promoting innovation, knowledge sharing, and public welfare. The country recognizes the need to balance the granting of exclusive rights to inventors with the wider diffusion of technology for societal benefit. In line with this philosophy, India has incorporated a provision for compulsory licensing in its patent law. This provision enables the government to authorize the use of a patented invention by a third party without the patent holder’s consent under certain circumstances, such as public health needs or national emergencies.

Compulsory Licensing: Compulsory licensing serves as a safeguard against the potential misuse of patent rights that could restrict access to essential technologies, including AI innovations. This ensures that patented inventions can be utilized for public benefit, even if the patent holder is unwilling to license the technology or if the licensing terms are deemed unreasonable.

India’s Role in International Discussions: Furthermore, India actively participates in international discussions on the intellectual property implications of AI. The country advocates for a balanced and inclusive approach that fosters innovation, encourages collaboration, and addresses the ethical and societal challenges posed by AI. India emphasizes the need to create an environment conducive to AI research and development while also protecting public interests and ensuring access to AI technologies.

Conclusion: In summary, India’s approach to patenting AI-related inventions reflects a cautious and balanced strategy. While the country acknowledges the importance of protecting intellectual property rights and fostering innovation, it also strives to ensure that access to AI technologies is not unduly restricted. By adopting a technology-neutral stance, evaluating the novelty and inventive step of AI inventions, and incorporating provisions for compulsory licensing, India aims to balance innovation promotion with public interest protection. As AI continues to evolve, so too will India’s approach to patenting AI-related inventions, adapting to the changing technological landscape and addressing new challenges and opportunities.