INTRODUCTION
In recent years, India has emerged as a global powerhouse for the software export market, particularly in artificial intelligence (AI), solidifying its position as a key player in the technology sector. According to the Development Bank of Singapore (DBS) Limited, India’s software exports reached a remarkable USD 320 billion in 2023, accounting for approximately 11% of the global computer services exports. This surge in software exports is primarily fueled by AI-driven innovations that are revolutionizing the technology industries across the world.
However, with the rapid advancement in AI, the questions surrounding the patentability of AI-driven inventions are becoming increasingly important. Currently, India lacks specific guidelines for examining AI-related patents, relying instead on existing Computer-Related Inventions (CRI) guidelines established in 2017.
This article explores the eligibility criteria for patenting AI inventions in India and discusses the challenges and recommendations for navigating this evolving field.
AI PATENT FILING TRENDS IN INDIA
India at present, ranks fifth globally in terms of Generative AI (GenAI) patents filed, trailing only behind nations like China and the United States. Despite only filing 1,350 GenAI patents between 2014 to 2023, India boasts the fastest annual growth rate for GenAI patent publications in the entire world, averaging 56% each year. This growth indicates a thriving innovation ecosystem, although India still holds a modest 3% of all GenAI patents globally.
ELIGIBILITY CRITERIA FOR PATENTABILITY OF AI INVENTIONS
To qualify for patent protection in India, an AI-related invention must fulfil the standard legal requirements of novelty, inventive step, and industrial applicability. However, there are certain exclusions that apply as per Section 3 of the Indian Patents Act, specifically:
- Section 3(k): Excludes “a mathematical or business method or a computer programme per se or algorithms” from patentability.
- Section 3(m): Excludes “a mere scheme or rule or method of performing mental acts or a method of playing a game.”
TECHNICAL CONTRIBUTION AND EFFECT
The crucial test for patentability lies in demonstrating a “technical contribution” and “technical effect.” This means that for an invention to qualify, it must go beyond a mere computer program or algorithm and solve a technical problem or improve a technical process. A computer program that simply processes data without contributing to a technical effect would not be patentable.
JUDICIAL PRECEDENTS
The recent Indian court cases have reinforced the importance of technical contributions in evaluating AI patents. The Hon’ble Delhi High Court, in the recent rulings, has clarified that if an AI invention offers a technical solution or effect—such as enhancing processing speed or improving resource efficiency—it may qualify for patent protection, even if it involves a computer program.
LAYERS OF AI INVENTIONS
AI invention can be assessed across three following layers:
- Data Layer: Involves the collection and processing of data, which on its own is not considered technical in nature.
- Application Layer: This represents the software’s operation. Inventions at this layer may be excluded unless they demonstrate a technical contribution beyond abstract functions.
- System Layer: This encompasses the hardware that supports the software. A system that demonstrates efficiency improvements may qualify for patent protection.
NOTABLE AI-RELATED PATENTS GRANTED IN INDIA:
Several AI-related inventions have successfully demonstrated their technical contributions and have received patents in India. For instance:
- Artificial Intelligence-Based Assessment System: This invention was granted a patent for its innovative method of integrating emotional intelligence into contextual audio and video assistance.
- AI-Enabled Automated Content System: This patent was awarded for a system employing deep learning architectures to improve problems in traditional content display methods.
- AI Processor for Neural Network Operations: This invention received a patent for reducing the power consumption of hardware during image processing.
These examples illustrate that integrating AI with structural components or technical improvements can strengthen an invention’s patent.
RECOMMENDATIONS FOR PATENTING AI-RELATED INVENTIONS
For inventors aiming to patent AI technologies in India, here are some critical strategies:
- Comprehensive Descriptions: Clearly outline the structural components and their interrelationships, particularly in hardware-based innovations.
- Sequence of Steps: For method-related inventions, use a detailed flowchart of steps, to differentiate the invention from prior art.
- Focus on Technical Effects: Highlight the technical effects achieved through the invention rather than merely describing algorithms or programming code.
- Avoid Abstract Claims: Steer clear of claiming abstract concepts or computer programs without linking them to a tangible technical contribution.
CONCLUSION
As AI technology continues to evolve rapidly, establishing a clear framework for patent eligibility is a golden opportunity for India to enhance its position in the global patent market. The current reliance on CRI guidelines may lead to inconsistencies and uncertainties in the patent examination process. It is essential to develop specific guidelines for AI-related inventions to balance protecting inventors’ rights and promoting innovation in the public interest. With the right policies, India can continue its ascent as a leader in AI technology, benefiting both inventors and the broader public interest.
