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Ownership of Inventions Created by Artificial Intelligence

The recent development of Artificial Intelligence (AI) brings with it the promise of future technological innovations developed independently by intelligent computational systems. In the patent field, the advent of the AI in the inventive process questions the subjective/human state of the inventor. In particular, it is discussed whether, and to whom, the objects created by the AI can belong. And even if, due to their non-human origin, they are worthy of protection. This work aims to carry out a first reconnaissance of how the ownership regime of patentable inventions, under the Italian legislation and the European Patent Convention, can apply to AI's inventions. The analysis concludes that the existing patent system, at least in principle, is compatible with computational inventions, although it does not allow their patentability, at least at a procedural level. It is therefore necessary to consider an interpretative evolution, in particular by consolidating the transition from an inventor-centric system to an investment protection system. Finally, the article proposes some interpretative solutions to reconcile the patent system with the development of computational inventions.