AI에 의한 창작물인 발명의 권리 귀속

AI technology is a technology representing the 4th industrial revolution, and patent applications for applying for creations derived by applying such AI technology or combining AI technology are recently increasing. However, even if humans intervene in the completion of AI inventions, the issue is whether only AI should be listed as an inventor in the patent application or whether humans involved in the completion of AI inventions cannot be inventors, By applying the provisions of the current patent law and ordinary patent examination standards to AI inventions as they are, there are many legal and practical problems. According to Article 2 Subparagraph 1 of the current Patent Act, the definition of the invention of Article 2 Subparagraph 1 of the Patent Act needs to be revised to compensate for the problem that the AI invention is not patentable under Article 33 Paragraph 1 of the Patent Act. In addition, it is necessary to introduce definition regulations for inventions created by AI through human intervention in accordance with the amendment to the definition regulations of inventions in Article 2 Subparagraph 1. Finally, when humans intervene in the completion of AI inventions, Article 33 Paragraph 2 of the Patent Act needs to be newly established to recognize humans who intervene in the completion of AI inventions as inventors.