AI특허의 권리행사 및 관련 쟁점에 관한 연구

By the development in the curent information and communication technologies (ICT)and dep learning technology, the AI does the learning by the combination of the IoTor the big data and by this learning, finds the problem by itself to be able to create thebest model(contents) for solving the problem. Since such a creation by the AI is theresult leaned by the human intervention, by regarding that the AI is not the inventorbut the human(natural person) would be the inventor, in al countries of the worldincluding our country the AI patent has ben granted. The human creates the algorithm so that the AI not the human artifcial action canfind the problem for solving the specifc purpose and the solution thereto, and if it isdescribed in the specifcation that by the algorithm the AI does the learning to derivethe creation, the patent can be obtained. Since the realizing method and the system ofsuch a AI patent by the AI and the system are made through the network, there is a large number ofimplementers and users, Thereby it canot be known who is the implementer and it isnot easy to determine whether the partial action of the implementer and the user violatesto the patent right. Acordingly for the description of claims and interpretation thereofin the AI invention and the determination to the violation of the action by thecombination of the implementers and users, it is neded to review to include "the jointpractice" in the enforcement regulation of the Patent Law and "the joint practice" in theindirect infringement regulation of the Patent Law. has ben executed by the dep learning of the AI and through thenetwork, it is very dificult to interpret the scope of rights and to determine whether thethird party violates. As described in the AI patent, since there are many cases where the realizing method