ARTIFICIAL INTELLIGENCE IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY RIGHTS

Abstract

The rapid development of artificial intelligence (AI) AI drives the birth of
increasingly complex technological innovations and inventions, such as
algorithms, machine learning models, and big data-based applications,
which have great potential to be patented. However, the existing legal
framework, especially in Indonesia, has not explicitly regulated the position
of AI as an inventor or legal subject, thus creating uncertainty in the
protection of inventions produced by AI. This research discusses the
challenges that arise with inventions created using Artificial Intelligence.
This research is a type of descriptive normative legal research, with a
statutory approach. The results of the research show that one of the main
challenges is that AI's status as an inventor or legal subject has not been
regulated in patent regulations in Indonesia. In addition, regulatory
disparities between countries are also a major obstacle, because patent
protection is territorial and differences in protection standards in various
jurisdictions hinder global protection of AI inventions. In Indonesia, AI
inventions that meet the requirements of novelty, inventive step and
industrial application can still be protected as product, process or process
improvement patents, as long as they have clear technical effects.