Last
April, a patent that shook the world was published. The patent is a food
container using fractal, and it looks nothing special just by looking at the name.
However, this patent was the first patent developed by AI, which drew worldwide
attention. Professor Stephen Thaler, who applied for the patent, claimed that
the AI he had developed, DABUS, had invented an invention he didn’t even know
about.
<website of the Dabus artificial intelligence development company>
It
was the first patent developed by AI, which attracted worldwide attention, but
was not recognized as a patent. In most countries, such as Korea, the United
States, and Europe, AI cannot be regarded as an inventor. According to the
patent law, only natural persons can be inventors, and an AI that is not
included in this category cannot be regarded as an inventor. WIPO also issued
an opinion to grant intellectual property rights to AI, but many countries and
global companies expressed the opposite opinion.
< titled, "food container and devices and methods for attracting enhanced attention">
patent family of the Dabus' patent
On
July 28th, the South African Patent Office recognized Dabus's patent for the
first time in the world. It appears to be registered because South Africa does
not examine the inventor’s substance when examining a patent, but examines only
the formal requirements. Then, on 7/30, Australia ruled that it was wrong to
reject Dabus's patent. This is because there is no provision in Australian
patent law that AI cannot be an inventor, nor does a non-human inventor cannot
register. The Australian Patent and Trademark Office is considering whether to
appeal the court's decision.
Can AI-applied patents be recognized?
With
the decision of an Australian court, AI patent applications are drawing
attention again in Korea. The Korean Intellectual Property Office has launched
the ‘AI Invention Expert Consultation Group’ to solve problems that may arise
with respect to patents applied by AI. The consultative body is composed of
legal experts such as professors, judges, and lawyers related to AI invention,
and will mainly discuss legal issues. As AI advances at a rapid pace, its
importance is also increasing. We’ll have to wait and see whether AI will be
able to own patents.
