AI DABUS vs KIPO, the decision of the 2nd trial

 

Last month, in Korea, there was a lawsuit to revoke the invalidity of two patents invented by the artificial intelligence AI, ‘Dabus’, over the question of ‘Can AI also be an inventor?’ The results of this lawsuit were recently announced. What was the ending?

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The whole story until the appeal

  In September 2019, American AI developer Thaler Stephen applied for patents in 16 countries around the world, including Korea, claiming that Dabus, the AI ​​platform he developed, had invented a food container and two nerve stimulation lamps.

 However, the Korean Intellectual Property Office invalidated the patent application, saying, ‘Administratively, only natural persons are considered as inventors.’ Taylor filed an administrative lawsuit against the Korean Intellectual Property Office’s decision. This was the first lawsuit in Asia.

Seoul Administrative Court
(source: Yonhap News)

  In the end, the Seoul Administrative Court sided with the Korean Intellectual Property Office in the first trial, saying that AI is a product and cannot recognize independent rights. However, Taylor appealed again and the second trial was held again last month.

Conclusion of 2nd trial

  So what happened in the second trial? The results of the second trial also showed no change. The Seoul High Court ruled that AI was not recognized as an inventor on the grounds that only humans are recognized as inventors under current law. This is the second plaintiff's defeat, following the first trial ruling issued by the Seoul Administrative Court in June last year.

Seoul High Court
(source: BBS NEWS)

  Previously, the first trial court said, ‘In the patent law document system, the inventor is specified as the ‘person’ who made the invention, and this clearly means only natural people,’ and it is difficult to say that AI has reached a technological level where it can independently invent without human help or intervention. The basis for the ruling was stated that a significant portion of human contribution can be confirmed in the patent invention process for which Taylor applied.

  It's not much different in other countries.

 The debate over whether to recognize AI Dabus as the true inventor is already underway not only in Korea but also in many countries. The day before the Korean second trial ruling, there was also a ruling in Japan on the lawsuit filed by Taylor. Japan also sided with the Japan Patent Office on the grounds that ‘inventions are limited to objects produced through human creative activity, and the current law does not reflect social and economic changes caused by AI.’

 In the United States, Europe, Australia, and the United Kingdom, the Supreme Court, which is the final court in each country, has confirmed that AI will not be recognized as an inventor, and only the German Supreme Court is currently pending, but it is expected that the same result as in other countries will come out.

 <Progress of lawsuits related to patent applications by AI inventor, DaBus in major countries>

(source: Press release from Korea Intellectual Property Office (KIPO))

AI may be recognized as an inventor sooner than expected

  Most countries, including Korea, still do not recognize AI as an inventor. However, in some advanced patent countries, such as the United States and the United Kingdom, there are growing voices calling for urgent changes in the patent world and law revisions to properly reflect the rapid growth of AI. In this Dabus controversy, there was also an opinion that a different result would have been obtained if the application had been filed with Thaler as the inventor and Dabus as the invention tool.

  Ultimately, patent offices in each country are making various efforts to reflect the trend of the times. South Korea will also reflect the Dabus controversy at the ‘IP5 Patent Office Directors’ Meeting’ to be held in Seoul and conduct in-depth discussions on improving the AI-related patent system along with the announcement of a public survey on AI inventors.

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