Under Indian Patent Law, the concept of an “inventor” is crucial to determining who has the right to apply for and be recognized in a patent. Let’s break this down clearly with reference to the Patents Act, 1970 (as amended).

1. Meaning of “Inventor” under the Indian Patents Act

Interestingly, the Patents Act, 1970 does not explicitly define the term “inventor.”
However, the term is understood in practice and interpretation to mean:

“A person who actually conceives the idea or contributes to the creation of the invention, resulting in a product or process that is new, involves an inventive step, and is capable of industrial application.”

In simple terms, An inventor is the actual deviser of the invention, not merely someone who finances it, manages the project, or owns the business.

2. Who Can Apply for a Patent (Section 6 of the Patents Act, 1970)

Under Section 6, the following persons are entitled to apply for a patent: The true and first inventor, or The assignee of the true and first inventor, or The legal representative of a deceased true and first inventor. Thus, the true and first inventor is the originating person who first conceived the invention.

3. “True and First Inventor” — Judicial and Practical Interpretation

Although not expressly defined in the Act, the phrase “true and first inventor” is explained in Section 2(1)(y) as: True and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India.”

This means:

The true and first inventor is the person who actually invents or devises the invention within India or elsewhere. A person who merely imports the invention or receives it from someone abroad is not an inventor under Indian law.

4. Characteristics of an Inventor

An inventor must be:

A natural person (i.e., a human being). Companies or organizations cannot be inventors, though they may be applicants or assignees. Someone who conceived the inventive idea and contributed to its development. In cases involving teams, there can be joint inventors — each contributing significantly to the inventive concept.

5. Role of Employers and Companies

If an employee develops an invention during employment: The employee (inventor) is still the true and first inventor, but The employer (company) may be entitled to apply for the patent as an assignee, if: It was developed during the course of employment, and The employment terms include IP ownership by the company. This is typically governed by employment contracts.

6. Case Law on Inventorship

V.B. Mohammed Ibrahim v. Alfred Schafranek (AIR 1914 Mad 412)

The court held that the true inventor is the person who actually devised the invention, not one who merely gives financial help or owns the business.

University of Western Australia v. Gray (2009)

Although an Australian case, it has persuasive value — the court recognized that the inventor is the person who intellectually contributes to the invention, even if the employer owns the patent.

Telefonaktiebolaget LM Ericsson v. Intex Technologies (India) Ltd. (2015)

Reaffirmed that a patent protects the inventive concept, which must originate from the true and first inventor.

7. Recognition of Inventor in Patent Documents

The inventor’s name must be mentioned in the patent application under Form 1 and Form 2 of the Patents Rules, 2003. Recognition as an inventor does not automatically confer ownership rights — ownership depends on who applies for the patent (inventor or assignee).

8. Summary Table

Concept	Explanation
Inventor	A natural person who actually conceives the inventive idea.
True and First Inventor	The original creator, not merely an importer or communicator of the invention.
Assignee	A person or entity to whom the inventor transfers rights.
Legal Representative	Person entitled to apply on behalf of a deceased inventor.
Company’s Role	Cannot be inventor but can be assignee or applicant.

In Short

Under the Indian Patents Act, 1970, an inventor is the true and first person who conceives and develops the inventive idea, leading to a patentable product or process.
They must be a natural person, and while ownership of the invention can be transferred, inventorship cannot.

Can Artificial Intelligence (AI) Be an Inventor under Indian Patent Law?

No. Under current Indian law, an AI system cannot be named or recognized as an inventor.
Only a natural person (human being) can be the inventor under the Patents Act, 1970.

1. Legal Position under the Indian Patents Act, 1970

The Patents Act, 1970 does not define “inventor” explicitly,
but Section 6 lays down who can apply for a patent:

“An application for a patent may be made by any person claiming to be the true and first inventor, or the assignee of such person, or the legal representative of a deceased true and first inventor.”

Section 2(1)(y) – “True and First Inventor”

The Act clarifies that:

“True and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India.”

Though not defining the term directly, this wording implicitly assumes that the inventor is a natural person — someone who can “conceive,” “communicate,” and “assign” rights.

Inventorship Requires Human Intellect

The very concept of “inventive step” under Section 2(1)(ja) refers to a mental act of creativity, judgment, and skill.

AI systems, however advanced, lack legal personality and cannot own property, assign rights, or take an oath before the Patent Office. Hence, only humans can be recognized as inventors under the Act.

2. Global Context – The “DABUS” Case

The issue of AI inventorship first came into global focus through the DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) cases filed by Dr. Stephen Thaler.

What Happened:

Dr. Thaler listed DABUS (an AI system) as the inventor in patent applications filed across several jurisdictions.

International Responses:

Jurisdiction	Decision	Reason
United States	❌ Rejected	Only natural persons can be inventors under U.S. law.
United Kingdom	❌ Rejected	AI lacks legal personality; cannot be inventor.
European Patent Office (EPO)	❌ Rejected	Inventor must be a natural person capable of legal rights.
Australia (initially accepted, later overturned)	❌ Reversed	AI cannot own or assign patent rights.
South Africa	✅ Accepted (administratively)	No substantive examination; exception, not a precedent.

India has not accepted AI inventorship to date.

3. Position of the Indian Patent Office (IPO)

The Indian Patent Office has not yet issued a formal guideline recognizing AI as an inventor. However, based on existing legal framework and practice: AI systems cannot be listed as inventors in Form 1 (Application for Patent) or Form 2 (Complete Specification). Patent applications naming AI as inventor would likely be objected to or rejected, as the applicant must be a “person” under the Act.

4. But Can AI-Generated Inventions Be Patented?

Yes, but conditionally.

While AI cannot be named as inventor, an invention created with the assistance of AI can still be patentable if:

• A human inventor is identified who conceived or directed the inventive process; and

• The invention meets the usual criteria — novelty, inventive step, and industrial applicability.So, the human who trained or supervised the AI, or made the inventive decision based on AI output, can be considered the inventor.

5. Ethical and Policy Considerations

AI’s growing role in research and innovation raises questions like:

• Who should own AI-created inventions?

• Should AI’s contribution be acknowledged separately?

• How can patent law evolve to balance human creativity and machine assistance?

Countries like the UK and EU are currently studying these questions, but as of now, India maintains a human-centric approach to inventorship.

6. Conclusion

Aspect	Current Legal Position in India
Who can be an inventor?	Only a natural person (human being).
Can AI be listed as inventor?	❌ No, AI has no legal personality.
Can AI-assisted inventions be patented?	✅ Yes, if a human inventor is identified.
Indian Patent Office stance	Recognizes human inventors only.
Need for reform?	Possibly in future, as AI evolves and contributes more substantially to innovation.

In Essence

Under the Indian Patents Act, 1970, AI cannot be an inventor because it is not a natural person and cannot possess legal rights or obligations,

The human creator or supervisor who uses AI as a tool remains the true and first inventor.