AI Authorship in India: Can Your LLM Own a Patent in 2026?
As of January 2026, the Indian Patent Office (IPO) and the CRI Guidelines 2025 maintain that an Artificial Intelligence system cannot be named as a “true and first inventor” under Section 6 of the Patents Act, 1970. Only a “person” (natural or corporate) can hold patent rights. However, AI-assisted inventions—where a human directs the AI to achieve a technical effect—are fully patentable provided they overcome the “computer program per se” bar under Section 3(k).
The Human-Centric Shift in CRI Guidelines 2025
In our practice at DURRO IP, we’ve observed that the recent 2025 guidelines have clarified the “technical contribution” test. For your AI innovation to be granted a patent, it must:
- Demonstrate Technical Effect: Improved system performance, such as reducing latency in drug discovery or enhancing signal processing in 6G networks.
- Avoid the “Per Se” Trap: If your AI is merely an abstract algorithm or business method, it falls under the Section 3(k) exclusion.
- Human Inventorship: There must be an identifiable human who curated the training data or refined the prompt logic to produce the final invention.
2026 Legal Insight
Recent observations by the Delhi High Court (e.g., X v. John Doe 2026) regarding AI deepfakes highlight the judiciary’s focus on human rights and privacy. We expect this “human-first” philosophy to remain the bedrock of Indian IPR throughout 2026.