No. 142: Patentability of Synthetic Creativity: A Transatlantic Revisit in Light of AI Laws?

Abstract

As artificial intelligence (“AI”) increasingly contributes to invention, the traditional human-centered patent regime faces challenges in recognizing and rewarding inventions generated by synthetic creativity, which is with reduced human input and interaction with machine learning technologies. How should patent law adapt to synthetic creativity, and what role should AI regulations play in complementing or constraining patent protection for AI-assisted inventions? This paper contends that both the inclusion and exclusion of synthetic creativity from patent protection can be justified. However, patent law alone is insufficient to govern synthetic creativity. A policy alignment is required between patent regimes and AI regulations. By analyzing AI governance frameworks in some transatlantic countries, this paper shows how AI laws may supplement patent law by imposing compliance costs, guiding ethical use, and preserving human creativity. It advocates for a balanced legal ecosystem that accommodates synthetic creativity, suggesting that compatibility between patent law and AI regulation is essential for promoting sustainable innovation.

Details

Author(s):
Publish Date:
November 12, 2025
Publication Title:
TTLF Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Runhua Wang, Patentability of Synthetic Creativity: A Transatlantic Revisit in Light of AI Laws?, TTLF Working Papers No. 142, Stanford-Vienna Transatlantic Technology Law Forum (2025).
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