특허법상 인공지능(AI) 발명의 주요 쟁점 재검토

This article conducts the review of recent studies on the legal protection of inventions by artificial intelligence (AI) under patent law and provides additional discussion based on such review. To date, a main issue in the legal discourse has been whether AI can be recognized as an inventor. In terms of patentability requirements, recent studies have examined whether the standard of a person having ordinary skill in the art should be adjusted in the context of AI-generated inventions. Furthermore, ongoing discussions focus on the sufficiency of disclosure in the specification of AI-related inventions, particularly regarding the level of detail required. Meanwhile, in relation to patent infringement involving AI-generated inventions, opinions are divided on whether infringement should be interpreted similar to a dead copy or whether the focus should instead be placed on the substantial similarity of the core idea of the inventions. In addition to reexamining these legal issues, new legal questions require further analysis. First, there is the issue of employing AI in patent examination procedures. In other words, considering that AI is capable of autonomous learning, concerns may arise when the same AI is used both by patent examiners during examination and by inventors during patent application. Second, the application of the enlarged concept of novelty—a requirement often overlooked in prior studies—should be reinforced in the context of AI inventions. For this purpose, the application of the enlarged concept of novelty should be excluded, in a manner stricter than the current examination practice. Furthermore, in order to regulate the proliferation of patent rights by AI, it should be possible to assess inventive step based on prior arts disclosed before the filing date. Third, regarding the mode of protection for AI inventions, some argue that a differentiated approach from traditional patent law is necessary. Considering the level of creativity, the duration of protection, and the mode of protection in the context of AI inventions, further research is required on utilizing the Utility Model Act as an alternative legal framework rather than conventional patent law.