The Rise of Machines: Patenting Inventions Generated by Artificial Intelligence in Canada

Abstract

“The rise of machines is here,” but they did not come as “rogue robots” to terminate humankind as some fictional writers predicted. Rather, they have come as inventors of human-like creativity. Therefore, this thesis examines the question of the patentability of inventions generated by artificial intelligence (AI) machines within the context of the Canadian patent system. Applying the modern principle of statutory interpretation, utilitarianism, and economic theoretical framework, this research determines whether AI-generated inventions can constitute patentable subject matter, AI systems can be inventors, and AI technology can own and exercise patent rights under the Canadian Patent Act. The thesis concludes that patent protection should not be extended to AI-generated inventions as it would not yield the greatest social net benefit. This is because AI systems cannot be incentivized, there is no “public goods problem,” other incentives already exist for their human initiators, and it may create avoidable transaction costs.