Article 1, Section 8, Clause 8, does not give Congress the power to "regulate" patents, it merely says, in its entirety "[The Congress shall have power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." It did not say "[The Congress shall have power] To regulate artificial intelligence and companies that produce it." There is an option for you though – get a constitutional amendment going to regulate AI. That's pretty much all we can do, unless AI is clearly and provably hurting copyrights and patents.