Patent Law

Can AI Become an Inventor? ๐Ÿค–


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๐Ÿ›๏ธ The Great Patent Puzzle: When Code Becomes Property

๐ŸŒŸ Imagine spending countless hours creating revolutionary software, only to discover it might not qualify for patent protection. What separates a true invention from just another piece of code? This episode unravels the mystery!

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” The "inventive step" test - why being new isn't enough for patent protection
  • โš–๏ธ How India's Section 3(k) creates unique challenges for software patents
  • ๐ŸŽฏ The crucial difference between technical effect and mere functionality
  • ๐Ÿค– Why AI can't legally be an inventor (at least not yet!)

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž Vishwanath Prasad Radheshyam vs. Hindustan Metal Industries - Supreme Court's landmark ruling on genuine discovery
  • โญ Gottschalk vs. Benson (1972) - When US Supreme Court called algorithms "mental exercises"
  • ๐Ÿ”ฅ Diamond vs. Diehr (1981) - The case that opened doors for software patents
  • โšก Thaler vs. Vidal (2022) - Why AI can't be named as an inventor

๐ŸŒ India vs. America: The Patent Battle

  • ๐Ÿ‡ฎ๐Ÿ‡ณ India's strict approach: Technical contribution is mandatory under Patent Act 1970
  • ๐Ÿ‡บ๐Ÿ‡ธ America's evolution: From rejection to acceptance with practical applications

๐ŸŽ™๏ธ Whether you're an inventor, lawyer, or just curious about how innovation gets protected, this episode will change how you think about the invisible lines between ideas and inventions!

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Patent LawBy Sharad Bansal