AI창작물의 공동발명 인정과 특허출원 방안

In the United States, Europe and Japan, including Korea, many patent rights are registered for the AI technology, but on the other hand, it is pointed out that AI-based creations are not protected by patents. The AI invention in that the patent right has been granted relates to a method or device in which the software (SW) in the form of an algorithm is implemented in the hardware, and the AI invention that cannot be patented refers not to learning by human commands or instructions, but to artificial intelligence creations (AI inventions) created by artificial intelligence learning by itself. In the current patent law, patents are granted only to human inventions. Therefore, since artificial intelligence creations were created by artificial intelligence, they cannot be viewed as human inventions and cannot be patented. Of course, it will be possible if the patent law is revised to that the artificial intelligence other than humans can become inventors, it is not a matter that can be revised simply since such a revision deviates from the nature of the patent system to grant patents only for human inventions and international agreements must be reached. However, there is a need for a way to grant patents because many manpower and funds are being invested in the development of artificial intelligence creations. As a measure, to the extent that it does not change the nature of the patent system, the regulation of the co-inventor definition saying, “if a machine with intelligence completes the invention with human contribution, humans and intelligence machines are considered as co-inventors.” would be introduced to Article 2 of the Patent Act, and Articles 33 and 44 need to be amended as only humans can obtain patents if they are co-inventors of humans and intelligent machines based on this regulation.