The Future of Intellectual Property Law: Can AI Be An Inventor or Author?

Intellectual Property (IP) has always played a central role in innovation. It protects ideas, inventions, creative expressions, technology, and discoveries. But as the world changes especially with digital transformation, artificial intelligence, and globalization, the nature of intellectual property is evolving rapidly.

The future of IP law will not simply be about protecting rights. It will be about balancing creativity with public interest, innovation with ethics, and technology with fairness. One of the biggest debates today is: Can AI be an inventor or author?

We already have AI tools that can write books, create artwork, compose music, design logos, and even generate new drug molecules. This raises important questions:

• If AI creates something, who gets the copyright?

• If AI designs a product, who gets the patent, the programmer, the user, or no one?

A well-known example is the DABUS case. DABUS is an AI system that created an innovative food container. The researcher who built the AI tried to list the AI as the inventor on patent applications filed in several countries. Most countries including the US, UK, and EU, rejected it, saying only humans can be inventors. However, South Africa became one of the first countries to accept the AI as an inventor on a patent filing.

This shows the world is divided, and IP law must eventually evolve to address AI-generated innovations.

Within the next decade, global IP frameworks will likely introduce a separate category for AI-assisted or AI-generated inventions to ensure clarity.

Rise of Digital Content and the Fight Against Online Piracy

People now consume more digital content than ever, music on Spotify, movies on OTT platforms, e-books, online courses, and even digital paintings. With this shift has come:

• increased online piracy

• illegal streaming

• unauthorized sharing

• copyright violations on social media

IP laws are already responding, but they will need to get faster and stricter.

The “Game of Thrones” Leak

Before the release of Season 7, multiple episodes were leaked on the internet. Despite strong copyright protection, the episodes spread across social media, torrent sites, and private groups within hours.

This is the challenge, digital piracy moves faster than the law can act.

Governments will collaborate with tech companies to develop tools that detect and remove pirated content instantly using AI-driven monitoring systems.

NFTs, Blockchain, and Digital Ownership

The rise of NFTs (Non-Fungible Tokens) created a new way of owning digital assets. An NFT certifies ownership of a digital item—art, music, or even a tweet.

But here’s where IP law gets complicated:

• Does owning an NFT mean owning the copyright?

• Can NFTs be copied or reproduced?

• How do we define infringement for digital-only assets?

Imagine you buy an NFT of a digital artwork. You own the token, but the copyright may still belong to the creator unless transferred separately. If someone screenshots the artwork and posts it, is it copyright infringement? These are the types of issues IP lawyers increasingly deal with.

IP laws will include specific regulations for blockchain-based ownership, clarifying rights of owners, creators, and buyers.

Biotech and Pharma: IP in the Era of Rapid Medical Innovation

The COVID-19 pandemic showed us how important pharmaceutical IP rights are. Vaccine development required massive investments and strong patent protection. But at the same time, global health organizations demanded patent waivers so poorer countries could produce vaccines.

This created tension between:

• safeguarding innovation

• ensuring global access to life-saving medicine

For example, companies like Pfizer and Moderna held patents for their mRNA vaccines. Some countries requested temporary waivers to produce cheaper versions.

The debate was intense and highlighted a core challenge of the future: how to balance public health with innovation rights.

Global IP bodies may adopt flexible patent models for essential medicines, ensuring both innovation and accessibility.

The Globalization of IP Law

In the digital era, creative work crosses borders instantly. A Bollywood song can be copied in Brazil, a Japanese anime clip can go viral in India, and a US book can be pirated in China.

This means national IP laws alone are not enough.

Platforms like YouTube get copyright claims from all over the world within seconds through automated systems. Such technology-driven global enforcement will become the norm. We will move toward global harmonization of IP laws, with unified guidelines on patents, copyrights, and trademarks across major economies.

The Growing Role of IP in Startups and Innovation

For startups, IP is often more valuable than physical assets. A young tech startup may have little revenue but can be valued in millions because of its:

• patents

• proprietary algorithms

• unique brand

• copyrighted software

For example, A startup invents a smart wearable device that tracks early signs of illness. A big company wants to acquire them not for their sales, but for their patented technology.

This shows how IP will drive entrepreneurship in the future.

IP filings by startups will increase significantly, and governments will introduce more IP support schemes for early-stage innovators.

A Future Full of Opportunities and Challenges

The future of IP law will be shaped by technology, globalization, and innovation. Some key themes will dominate the coming decades:

• AI-driven creativity

• Digital copyright challenges

• Blockchain-based ownership

• Healthcare and biotech patents

• Enhanced trade secret protection

• Global harmonization of laws

• IP-powered startup ecosystems

In this evolving landscape, IP law will not remain static, it will adapt, expand, and redefine itself to keep up with the pace of innovation. For students, businesses, and legal professionals, the coming years present both challenges and exciting opportunities to shape the future of intellectual property rights.