AI를 이용하여 작성한 특허명세서의 실효성 확보 방안

Generative artificial intelligence or large language models can create descriptions of inventions and claims sections of patent applications by receiving data related to the content of the invention. These generated descriptions of inventions and claims sections, which are included in the specifications, drawings, or summaries attached to patent applications, are referred to as “AI-written patent specifications.” Major patent offices in countries such as Europe, the United States, China, Japan, and South Korea permit the submission of these AI-written patent specifications. There may be issues related to technical leaks concerning the data input into generative artificial intelligence or large language models for the purpose of drafting patent specifications related to the content of the invention. Additionally, there are limitations associated with generative artificial intelligence or large language models, such as the inclusion of hallucinations in the AI-generated patent specifications, the limitation of the scope of rights in the AI-generated patent specifications, and the possibility that the claims included in the AI-generated patent specifications may differ from the content of the data related to the invention provided by the applicant or patent attorney. To address these issues, it is necessary to introduce a regulation mandating the indication of AI authorship in Article 42, Paragraph 1, Item 1, implement a requirement for the submission of the applicant's consent in Article 7,Paragraph 2, and establish a new Article 7-3 to introduce a mandatory review by a patent attorney.