프롬프트에 의한 AI 발명의 명세서 기재에 관한 고찰

This article examines the written description requirements for patent specifications generated by generative AI. For this purpose, it explores the relationship between input prompts and the outputs produced. Although patent specifications may be generated through the use of prompts, it is necessary to ensure that such AI-generated specifications also meet the written description requirements. In order to examine AI-generated specifications, the written description requirements of major jurisdictions were reviewed. Moreover, specifications generated by generative AI may include virtual embodiments, and this raises questions regarding their compliance with written description requirements. Upon reviewing the requirements in several jurisdictions, it was found that, even if a patent specification is generated by prompts, additional restrictions would not be possible so long as the written description requirements of the specification are satisfied. With regard to the written description requirements for AI-generated patent specifications, the requirements under Korean patent law do not have any distinctive requirements that set it apart from other major jurisdictions. Accordingly, it is anticipated that, even when the written description requirements are considered in conjunction with the substantive patentability requirements, patent registration in Korea is likely to be granted more readily than in other major jurisdictions. Accordingly, this study suggests that formally incorporating the prompts into the inventor’s notebook could serve as an effective measure to substantially reinforce the written description requirements for patent specifications generated by generative AI. Furthermore, as the written description requirements will need to be strengthened concerning inventions using generative AI, additional research on this matter appears necessary.