Updating Copyright and Patent Laws for the Age of Artificial Intelligence

This book responds to the need to distinguish human creations from those produced by AI. It does so by tracing the human attributes of authorship and inventorship in the requirements for protection and ownership in European copyright and patent laws. Its main contribution lies in exposing shortcomings in how the laws are applied in the UK, Germany, and France. It shows that the human origin of creations is traditionally inferred from their expressive form or technical character. Given the advancements in AI, such inferences are no longer legitimate. What is more, these shortcomings may eventually lead to granting copyright or patent protection where none is lawfully permitted or sufficiently justified. To remedy the situation, this book offers doctrinal solutions such as refining the concepts of authorship and inventorship to better reflect the human creativity underpinnings of copyright and patent laws. It also proposes law reforms addressing the disruptive role of AI, eg making disclosure duties more robust. This book guides authorities, practitioners, and students to better understand the problem of copyright and patents for objects entirely or partly generated by AI. It also advances the ongoing academic and policy debates on AI and intellectual property law.