Invenções criadas por inteligências artificiais: uma análise da relação entre os sistemas autopoiéticos do direito e da economia

Abstract

The exploratory and comparative research aims to analyze the extent and consequences of the lack of connection between law and economics in judicial decisions regarding the patentability of inventions developed by artificial intelligences (AIs). To achieve this, the theoretical framework relies primarily on Niklas Luhmann's theory of autopoietic social systems. The historical development of patents and their role in the relationship between law and economics was examined, and efforts were made to identify how the economy receives and interprets the possibility of AIs being inventors. This reception was compared with the response given by different legal systems worldwide. The results demonstrate discrepancies between the significant role of AIs in the economy and what the law discusses and decides, strictly adhering to its grammar, particularly the terminology "inventor." Thus, by ignoring the environment and its expectations, risks of sustainability for both the law and patent law can be identified.