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A Preliminary Study on the Ownership of Artificial Intelligence Inventions in View of Indonesian Intellectual Property Law

Happy Yulia Anggraeni
Ayat Muhayat
Dewi Sri Agustin
Egi Firmansyah
Farid Akmal Nugraha

Abstract

In the future, it is predicted that Artificial Intelligence will become an important part of everyday life. In connection with that, artificial intelligence technology can create a work of art or can even create an invention that is protected by law, especially copyright or patent, which can affect the future protection of Intellectual Property Rights on a work created by artificial intelligence. The purpose of this research is to analyze relevant legal issues related to the granting of protection of Intellectual Property Rights over inventions and works derived from artificial intelligence. This research is a descriptive analytical normative legal research. This research finds that the responsibilities and rights of patent holders are regulated in Article 19 of Law Number 13 Year 2016 on Patents which explains that product patents cover the manufacture, use, sale, importation, leasing, delivery, or provision of patent-protected products for sale, lease, or delivery. Moreover, it is not clear from a legal, technical, and policy standpoint what is meant by inventions made or assisted by Artificial Intelligence. However, such inventions and the use of Artificial Intelligence as a tool or method in the development of data concepts, used in machine learning modeling to make data-driven predictions based on input and output data, are essential components of algorithm development. Thus, stakeholders in the existing Intellectual Property Rights infrastructure should take necessary actions to amend, adapt, and accommodate well-guided policy formulations to incorporate Artificial Intelligence inventions with social, ethical, and human safety in mind.

Keywords: patent; artificial intelligence; ownership; invention. ,

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