The Patentability of AI Invention: The Case of the Kingdom of Saudi Arabia Law

The Patentability of AI Invention: The Case of the Kingdom of Saudi Arabia Law

Reem Almarzoqi, Mohamad Albakjaji
DOI: 10.4018/IJSSMET.307111
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Abstract

Artificial intelligence has gained momentum in the recent past due to technological advancements. As a result, it has elicited an endless debate particularly in light of intellectual property laws. Artificial Intelligence is currently considered as an emerging issue. This make it as a challenging issue for the existing legal frameworks which are unable to govern and regulate it in a proper and effective way. KSA has put more effort and resources in streamlining the legal aspects to govern AI and related innovations. The current research aims to explore some of the potential difficulties encountered in patentability of AI inventions. It also aims to determine the legal challenges the researcher expect to emerge with the development of AI technology. The findings of this study indicate that KSA still finds a huge gap in terms of laws that governs AI generated innovations. This study is significant in the sense that it has pointed out some of the challenges experienced in enacting effective intellectual property laws to govern AI innovations.
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1. Introduction

Artificial intelligence (AI) is defined as the possibility of interpreting human intelligence so that a computer can easily imitate it and conduct functions, from the easiest to the most complicated ones. Artificial Intelligence's purposes involve comprehension, logic, and interpretation. In the last few years, the growth of global patents has significantly increased due to technological advancement and this has pushed the inventors to seek greater protection of their inventions (Trappey et al., 2020).

Artificial Intelligence has a rich history as described by Bienvenido et al. (2021) and it is interesting to see how it has changed the world. For starters, limited memory devices like automated cars merge the environment and determine based on stored information. They note indications, speed, path, and control of traffic. Automobiles and lanes. Artificial Intelligence technology's advantages are diverse and may really have the potential to revolutionize many areas of life, including within the IP sector, but the advent of AI technology also raises a range of problems within the IP industry that are likely to have to be addressed in the near future.

This paper provides a piece of background information on how these two domains have evolved over time. Furthermore, this paper explores the relationship between AI and Patent and their application in new inventions. This research discusses one of the contemporary challenging issues. It is the issue of governing Artificial Intelligence by the current patent legal system. Recently AI had an importance and evaluative role in our society where Artificial intelligence can make a rapid change and create new innovations in a way that is accelerating with technological advancements. Development acceleration is a significant attribute of the new technology including AI which makes national laws unable to keep up to date with technological developments. As the new technology is not well regulated, this makes it as a source of concerns to the users (Feltus, 2019; Tripathy & Mishra, 2017).

The current legal definitions of creativity and innovation do not take into consideration non-human innovation. AI will certainly have an impact on the traditional concepts of intellectual property. An example of this is that AI machines have no doubt the ability to build subject matter which can be protected by IP. It is also foreseeable that an advanced AI system could be responsible for creating new inventions or medicines that could attract patent protection. However, the legal challenge that is inherited to AI activity is the ownership that enables the owner of IP work to register his/her work and to sue the third party for unfair use of the IP matter, and the right of the owner if AI has an access to the work and use it without his permission.

Artificial intelligence (AI) and intellectual property (IP) are fundamentally different in how they can be monetized. Although AI companies could become increasingly relevant in today’s IP-based economies, it is still unclear whether or not these firms can properly take advantage of their proprietary technology. A lot of issues have been raised regarding artificial intelligence, especially whether AI innovations should be patented. AI itself cannot own anything as of now, it doesn't consider to be as a self-determining entity. Yet, sure enough, more artificial intelligence will be developed. The problem is where current intellectual property laws is not up to the task and must be significantly revamped to keep up with evolving technologies. Based on the continuous roles and development of AI, the current legal systems are still unable to keep updated with the AI development. In the AI context, the legal protection has not yet updated with the latest the technological innovations where the current legal system cannot cope with the technological development (Albakjaji et al, 2020).

The current research aim is to explore the ways by which KSA Patent laws govern the issue AI and innovations. This topic has been scarcely discussed in the previous literature. Moreover, the current study will also analytically discuss the way forward for improving the laws that govern and regulate the AI issues. Thus, the study will be trying to answer the following research question:

To which extent is the AI invention patentable in the Saudi law?

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