Should AI-Generated Inventions Be Patentable, and Can AI Be an Inventor?

With the progress of science and technology, Artificial Intelligence (AI) emerges at the historic moment. Unconsciously, AI with rapid development has penetrated many aspects of people's life. However, it has also brought a lot of relevant legal problems. For example, in the field of intellectual property, there are various issues on which no consensus has been attained yet. Especially when it comes to the common outputs of AI, such as writings, designs, and even inventions. Recently, a patent-related case called DABUS has attracted wide attention and has led to a consideration of the questions of whether the invention generated by AI can be patented and whether AI can be the inventor. This is also the main issue addressed in this article. This article will first introduce the current situation and reasons for the rejection of inventions generated by AI as patents, and then analyse such rejection as unreasonable in terms of the purpose of patent legislation, patent criteria, and patent exclusions; and further address some inherent concepts that should be changed, as well as existing cases and legislative tendency. Finally, it is concluded that the future trend should be to gradually grant patents for AI-generated inventions and to recognise AI as the inventor, which is more conducive to technological development and social progress