인공지능 시대의 진보성 판단 시 ‘통상의 기술자’ : From PHOSITA To MOSITA

Although the process of invention dominated by Artificial Intelligence(AI) is considered to be the story of the future, computers have already been integrated into the design, testing and manufacturing sophisticated processes of products such as engines and robots, and are used to simulate and classify experimental data. It is being widely used in any field. Even if a specific time is controversial, many experts expect that AI capable of carrying out all the intellectual tasks that humans can do will be developed in the next 25 years. This scenario brings new problems to the nonobviousness standard. For example, an AI-generated inventions may not be obvious for a person skilled in the art, but it may be obvious for a person who can access to similar AI. Therefore, if this creative machine becomes widespread in the process of invention, we need to prepare for the new nonobviousness standard of next generation. This paper reviews the effects of improved human capability on nonobviousness standards, and proposes new standard to specify the concept of MOSITA reflecting advancement of AI. This new standard ultimately aims to make it impossible for AI-generated inventions to pass patent examination at a time when human contributions to the process of invention almost disappear.