The Ownership of Invention Patent Rights for Generative Artificial Intelligence

Xuanzhe Liu

2025

Abstract

With the development of computer technology, generative artificial intelligence technology has gradually matured. This has brought significant challenges to China's existing patent law. This article collates current patent law provisions, judicial decisions, and relevant doctrines in China and foreign jurisdictions. Under China's domestic patent law, there are four categories of patent ownership for inventions: ownership of non-service inventions, ownership of service inventions, ownership of commissioned inventions, and ownership of joint inventions. The two pre-dominant doctrines recognized in Chinese academia are the User Doctrine and the Investor Doctrine. Regarding foreign jurisdictions, this article examines patent ownership regulations in Japan, the United Kingdom, and the United States. In terms of judicial practice, the DABUS case serves as an entry point to explore whether AI systems can qualify as legal patent holders. Among foreign academic theories, the Investor Doctrine and User Doctrine also hold significant recognition.

Paper Citation

in Harvard Style

Liu X. (2025). The Ownership of Invention Patent Rights for Generative Artificial Intelligence. In Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS; ISBN 978-989-758-785-6, SciTePress, pages 368-374. DOI: 10.5220/0014381000004859

in Bibtex Style

@conference{icplss25,
author={Xuanzhe Liu},
title={The Ownership of Invention Patent Rights for Generative Artificial Intelligence},
booktitle={Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS},
year={2025},
pages={368-374},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0014381000004859},
isbn={978-989-758-785-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS
TI - The Ownership of Invention Patent Rights for Generative Artificial Intelligence
SN - 978-989-758-785-6
AU - Liu X.
PY - 2025
SP - 368
EP - 374
DO - 10.5220/0014381000004859
PB - SciTePress