ARTIFICIAL INTELLIGENCE AND PATENT LAW IN INDONESIA: SYSTEMATIC LITERATURE REVIEW (SLR) ON CHALLENGES IN RECOGNIZING AI AS AN INVENTOR Rachmat Arnanda (a*), Angelina Anne Fernandez (b)
(a) Graduate school and Management, Management and Science University, Malaysia.
(b) Bachelors in law and commerce, Management and Science University, Malaysia.
Abstract
The explosive growth of Artificial Intelligence (AI), and generative AI in particular, has posed great difficulties for traditional patent systems, which have traditionally limited invention rights to humans. The purpose of this research is to discuss difficulties in recognising AI as an inventor and to discuss the implications for the Indonesian patent law in coping with technology development. The study uses Systematic Literature Review (SLR) method with a qualitative approach in accordance with the PRISMA 2020 framework. Literature was retrieved from Google Scholar, Semantic Scholar and Emerald database by using the keywords of artificial intelligence, inventorship and patent law in Indonesia. After multiple stages of screening, nine studies were identified that were relevant to the research question and analyzed. The results show that the debate over who can be an inventor of AI is increasing in various jurisdictions. In certain countries, the attitudes and approaches have been more accommodating, but numerous jurisdictions still require a human-based definition of inventorship for inventions. In addition to several legal challenges identified in the study are issues related to inventorship recognition and determination of ownership, legal responsibility and the sufficiency of existing legal and regulatory frameworks. The results indicate that patent legislation in Indonesia needs to be adapted to balance the incentives for new innovations, legal security, and public interests, given the growing presence of AI in technological developments.
