AI관련 발명에 있어서 데이터 공개

The advancement of artificial intelligence algorithms is achieved through data-based machine learning. The artificial intelligence model generated after machine learning generates various results according to various data, parameters, and weights. Of course, the results may vary depending on the data provided through the artificial intelligence model, various information processed by humans, or non-technical factors. Even with the same artificial intelligence model, the results vary depending on the learning data, so there is a growing need to disclose resources such as data required in the machine learning process for reproducibility and transparency. Above all, for the results of the machine learning process or artificial intelligence model, it is not easy to check the cause or causal relationship, but only the correlation according to the results. This is also why the transparency of artificial intelligence is being emphasized. The technology disclosure made by granting the exclusive right of patent rights is a public contract between the Korean Intellectual Property Office and the inventor. The Patent Act requires technology disclosure that can be easily implemented under contract conditions, and if the conditions are not satisfied, the patent right may be invalidated. Therefore, if technology disclosure is strict, the patent right of the patentee may be limited, and in the opposite case, the original purpose of the patent system for promoting invention cannot be utilized by insufficient technology disclosure. In this respect, it is not easy to disclose the technology of AI inventions. In the Patent Act, the sufficiency of technology disclosure refers to the requirement that "patent applications must provide sufficient information so that those skilled in the field can manufacture and use the invention without excessive experimentation." Traditional inventions have brought various technological advances through technology disclosure, but AI inventions may require a different method from the technology disclosure of traditional inventions in that technical ideas may become black boxes. However, it is symbolic that that is similar to traditional inventions such as microbial inventions. This is because there is a similarity in that it is implemented through an artificial neural network and in that it is implemented according to the internal structure of the microbial invention. The purpose of the Patent Act for industrial development and achievement, as well as the purpose of the technology disclosure system, must be specified in this study to enhance the development and social welfare of transparent and reliable artificial intelligence technology. Above all, research on data and related technology disclosure is meaningful in that patent law brings various innovations by utilizing technology, not only protecting technology.