This brief chapter considers whether patent law doctrines as they currently exist will continue to foster human development and “progress’ once inventorship is entrusted, even only in part, to AI machines. It starts from the premise that technological change qua technological change - remembering that change and progress are not synonyms for change happens no matter what, progress, not necessarily - should not be the true aim of IP done well. The idea, the chapter suggests, is to increase the percentage of change that actually constitutes progress. It then applies doctrines such as inventorship see if patent law will lead to more human progress, not mere technological novelty, if machines are considered as inventors. In doing so, it reviews and relies on a number of important contributions made by Professor Dreyfuss.
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