Theoretical foundations and international experience regarding the criteria for identifying the subjects and objects of intellectual property rights for inventions generated by artificial intelligence

Abstract

The rapid advancement of artificial intelligence (AI) has posed significant challenges to traditional intellectual property (IP) systems, particularly in defining inventorship and the scope of patentable subject matter. This article analyses the theoretical foundations, international experiences, and proposed policy directions for Vietnam in addressing these issues. By comparing the legal approaches of the United States, the European Union, Japan, South Korea, and China, the findings reveal that although no country currently recognises AI as a legal inventor, there is a growing trend towards expanding patent protection for AI-assisted inventions while maintaining the anthropocentric principle. For Vietnam, the study recommends classifying AI-related inventions, clarifying inventorship criteria, updating patent examination guidelines, introducing regulatory sandboxes, and gradually revising the IP Law. The findings aim to provide a basis for developing a balanced legal framework that both encourages innovation and ensures legal certainty in the era of artificial intelligence.