The future of AI and patents: ethical challenges and opportunities
By Kinga Fodor, Head of Marketing at PatentRenewal.com
AI is fundamentally transforming patent strategy. From automating filings to influencing decision-making, its growing role is reshaping how companies protect and manage innovation.
At Patsnap, we work with industry leaders to navigate these shifts. To bring in another perspective, we invited PatentRenewal.com, a company specializing in automated and transparent IP renewals, to share their take on how AI is shaping the patent landscape.
In this guest post, Kinga Fodor, Head of Marketing at PatentRenewal.com, breaks down the ethical and legal questions to consider as AI takes on a larger role in patenting and inventorship.
In the race to innovate, artificial intelligence is no longer just a tool, it’s becoming a creator. AI is transforming research and development, generating inventions at a pace never seen before. But as AI’s role in innovation grows, so do the ethical and legal challenges surrounding patents. Who owns an AI-generated invention? How can we ensure fairness in patenting? And most importantly, how do we balance protecting intellectual property with fostering open innovation?
Let’s explore the ethical dilemmas and exciting opportunities AI presents in the world of patenting.
The ethical challenges of AI as an inventor
AI-driven innovations bring both opportunities and ethical concerns. A key issue is whether AI-generated inventions should be granted the same level of protection as human-created ones. Many experts argue that AI should be considered an extension of human creativity rather than an independent inventor. However, this perspective remains legally untested in many jurisdictions.
Who gets credit? The inventorship dilemma
AI-driven inventions challenge the traditional definition of inventorship, as current patent laws worldwide require a human to be named as the inventor. However, AI systems are generating novel ideas independently, raising legal and ethical questions about ownership. The DABUS case, where an AI-created invention was denied patents in the US and Europe, highlights this issue. Since AI is not recognized as an inventor under current legal frameworks, patent rights are typically assigned to the entity that directly contributes to and oversees the AI’s operations, such as its developer or the organization utilizing it.
The bias problem: Are AI-generated patents fair?
AI systems learn from historical data, meaning they can inherit biases from past patent decisions. Without proper oversight, AI-assisted patent examiners may unintentionally favor certain industries, regions, or demographics, reinforcing existing inequities instead of fostering inclusivity. Ensuring transparency and implementing bias-mitigation strategies in AI-driven patent analysis are crucial to maintaining fairness in the patent management system.
Transparency and accountability in AI-driven inventions
For a patent to be granted, an invention must be clearly described. But AI’s decision-making process can be opaque, making it difficult to determine exactly how an invention was developed. Without clear guidelines, we risk granting patents to innovations whose true origin is unclear, challenging the integrity of the patent system.
The risk of overpatenting
AI allows companies to file thousands of patent applications at an unprecedented scale. While this can accelerate innovation, it can also create “patent thickets”—dense networks of overlapping patents that make it harder for new players to enter the market. If AI-generated patents aren’t managed ethically, large corporations could dominate industries by monopolizing AI-driven discoveries.
The role of AI in patent examination and strategy
While AI challenges traditional inventorship definitions, it also enhances patent processes by streamlining searches and refining applications. AI tools are improving efficiency by conducting exhaustive prior art searches in seconds, allowing inventors to refine their applications before submission. Additionally, AI-powered analytics help companies assess the competitive landscape, ensuring that businesses invest in truly novel and patentable ideas.
As AI continues to reshape the patent landscape, distinguishing its role as an inventor from its use as a patenting tool is crucial. Ethical concerns surrounding AI-generated inventions must be addressed separately from the efficiency gains AI brings to the patent system. While AI presents significant challenges, it also offers transformative potential to enhance the patent system and promote ethical innovation.
AI-powered patent analysis
AI can revolutionize patent examination by identifying prior art more efficiently, reducing backlogs, and preventing weak or overly broad patents from being granted. Tools like IBM Watson and Alibaba’s AI-driven patent monitors are already making waves, helping patent offices streamline their processes.
Enhancing IP strategy with AI insights
Companies can leverage AI to analyze global patent trends, uncover white space opportunities, and predict emerging technologies. This not only strengthens IP strategy but also encourages collaboration across industries, fostering innovation in unexpected ways.
Open innovation and AI-generated IP
Rather than monopolizing AI-driven discoveries, some organizations are considering open-source patent pools, allowing shared access to AI-generated innovations. This model could prevent patent hoarding and ensure that AI-driven advancements benefit a wider range of industries.
Ethical AI policy development
As governments and industry leaders navigate AI’s role in patenting, new ethical frameworks are emerging. International organizations are exploring policies requiring AI-assisted inventions to include clear disclosures about AI’s role in the innovation process. This transparency can help ensure fairness while maintaining trust in the patent system.
Recent developments in AI and patenting
As of 2025, several groundbreaking legal and policy changes have shaped AI patenting worldwide. The USPTO recently clarified guidelines on the patentability of AI-assisted inventions, stating that while AI can contribute significantly, a human inventor must be identified in all applications.
Meanwhile, China has experienced a surge in AI-driven patent filings, positioning itself as a leader in the space. These developments indicate a growing recognition of AI’s role in innovation while still grappling with the legal uncertainties it presents.
The road ahead
AI’s role in the patent system is expanding rapidly, and its regulation will define whether it accelerates innovation or creates new legal challenges. Keeping a balance between fostering progress and maintaining ethical standards will be crucial. Now is the time for businesses and policymakers to take proactive steps. Exploring how AI-powered patent intelligence can help navigate these challenges is key to ensuring a future where AI-driven innovation is both ethical and sustainable. Striking the right balance between protecting intellectual property and fostering open innovation will play a key role in shaping the future of innovation.
