AI applied for patent

 

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.

▲ artificialinventor.com 

<website of the Dabus artificial intelligence development company>

 

 Opposition of major national patent offices,

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.

▲ wipsglobal.com, PCT-IB2019-057809, a patent generated by an artificial intelligence

 < titled, "food container and devices and methods for attracting enhanced attention">

▲ wipsglobal.com

patent family of the Dabus' patent

 

 AI patents recognized in Australia and South Africa,

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.