Reforming Patent Law in the Age of Artificial Intelligence

Abstrak

The rise of AI as a creator challenges patent law's human-centered perspective, which exclusively sees creators. AI innovations aren't covered by Indonesia's Patent Law No. 13 of 2016. The national patent system is confusing concerning who invented, owns, and is liable. This paper examines the normative opportunities and problems of revising Indonesia's patent system to include AI-generated ideas while retaining legal clarity, equity, and international intellectual property norms. This work uses normative and comparative legal analysis to support a progressive patent system reform in Indonesia by introducing a hybrid inventorship model that recognizes human–AI collaboration. This study uses statutory, conceptual, and comparative frameworks for normative juridical research. It analyses primary, secondary, and tertiary legal materials, including Indonesia's patent legislation, WIPO recommendations, and comparative jurisprudence from the US, EU, and China. Our study reveals that Indonesia's patent laws are still anthropocentric and unsuited for AI-generated ideas, producing legal ambiguity and insufficient innovation incentives. Some countries have human inventors but are incorporating AI-assisted inventions. Indonesia must restructure its legal system with a hybrid inventorship strategy that ensures responsibility, transparency, and technological adaption.

Identifier

• DOI: https://doi.org/10.24198/jbmh.v10i2.2533
• OpenAlex: https://openalex.org/W7152503691