Evaluating the legal framework for patent protection of AI-generated inventions in the intellectual property act no. 36 2003 Sri Lanka

Abstract

This study discusses how Sri Lanka's Intellectual Property Act 36 of 2003 protects patents related to AI-generated inventions and its underlying ideology. A doctrinal approach was used for identifying legal loopholes in the current legal system, especially concerning the rapid advancement of technological change. Sri Lanka's IP law adheres to a traditional framework for patents, which focuses on human-centered inventorship, but it remains silent on AI-generated outputs. This gap makes it difficult to determine ownership, responsibility, and patentability. This study shows that Sri Lanka should modernize its IP related to patent regulation. Further, it identified a systematic gap in the law when the U.S., UK, EU, and South Africa handled similar cases in their jurisdiction. Hence, the study proposes a two-tiered method that separates the "inventor," which is the artificial intelligence, and the "implementor," who is a person or legal organization that takes on responsibility for commercialization and liability. Additionally, to address the procedural and ethical challenges, this method should adhere to the guidelines established by the World Intellectual Property Organization (WIPO) and strike a balance between recognizing AI's contributions and establishing legal accountability. Furthermore, this study illustrates how Sri Lanka can foster innovation, attract investment, and align its intellectual property law with global best practices in the AI era by addressing gaps in ownership, liability, and ethical protections.