La patentabilidad de las invenciones creadas por inteligencia artificial

The significant advancement of AI and its application in different economic Derechos de la propiedad intelectual. Estudios LA LEY mercantil, Nº 118, Noviembre de 2024, Editorial LA LEY 1 / 34 I. sectors poses new challenges for our legal framework, and, in particular, for patent law. Traditionally, the relationship between humans and computer programs used to generate inventions has not caused problems for the patent system, as these were seen as mere support tools employed in the inventive process. This approach has been radically altered with the progress of intelligent systems. Today, machines can process vast amounts of data, analyse them, and make autonomous decisions. AI has evolved from being a mere tool serving individuals to become, in some cases, the actual creator of technical solutions. Indeed, patent applications have already been filed designating a machine as the inventor. Therefore, the aim of this paper is to analyse the issues raised by AI-generated inventions, in order to determine whether they can be protected by patent law.