The Invented Inventor: Adapting Intellectual Property to Generative AI
Under review
As AI increasingly drives discovery, the concept of inventor faces severe strain. Recent judicial decisions, such as the Swiss Federal Administrative Court’s 2025 DABUS ruling, expose a deepening tension: courts demand intellectual creation by a natural person even as human contributions to AI-assisted discovery become increasingly nominal. This paper approaches the resulting tension from the standpoint of political philosophy rather than jurisprudence: the strain AI places on the concept of inventorship is too fundamental to be resolved by interpretative methods taking existing conceptual architectures for granted. Inspired by Hume’s genealogy of property, the paper reconstructs the historical “need matrices” that forged the concept of inventorship, tracing its evolution from Venetian guild economics through Romantic genius ideology to corporate R&D. This reveals the concept to be an overburdened bundle serving four social functions: incentivising innovation, disseminating knowledge, legitimating monopolies, and resolving priority disputes. It also clarifies the mismatch between the concept and the emerging realities of AI-driven discovery. To resolve this mismatch, we must disaggregate the concept of inventorship and develop specialised conceptual resources for each of these functions. If we invented the notion of inventor to perform certain functions, we can reinvent it to perform them better.
intellectual property rights, patents, inventor, genealogy, AI, conceptual adaptation
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