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Korean Intellectual Property Office determines that AI cannot be used as a patent inventor
Release Time：
2022-10-20
On October 4, 2022, the Korean Intellectual Property Office (KIPO) announced that it had recognized artificial intelligence (AI) invention patents on September 28 on the grounds that "artificial intelligence that is not a natural person is not allowed to be the inventor of a patent application." Decision that the application is invalid.
On May 17, 2021, an American artificial intelligence developer (applicant: Stephen Thaler) named the artificial intelligence "DABUS" as the inventor and filed patent applications in 16 countries, including South Korea. The applicant believes that DABUS created two different inventions including food containers on his own after learning general knowledge.
KIPO issued an amendment notice to the patent application in February 2022 to "change the inventor from artificial intelligence (AI) to a natural person." However, because the applicant did not respond, KIPO ultimately determined that the patent application was invalid.
South Korea's patent law and related cases only recognize natural persons as inventors. This principle is stipulated in national patent laws including the United States, the United Kingdom, and Germany. Internationally, the major patent offices have reached the same conclusion, and courts in the United States and the United Kingdom have supported this conclusion.
In July 2021, the Australian Federal Court of First Instance determined that artificial intelligence could be the inventor. However, in April 2022, the Federal Court of Second Instance unanimously held that the judgment of the first instance court was wrong. In March 2022, the German Federal Patent Court issued a judgment that only natural persons were recognized as inventors, but it also allowed information about artificial intelligence to be listed when registering names.
In addition, in December 2021, KIPO organized an international conference with the participation of 7 patent offices including the United States, the European Union, and China. It was unanimously agreed that the technical level has not yet been reached at which artificial intelligence can independently invent without human intervention. When improving the legal system, inconsistencies between countries may become obstacles to the development of artificial intelligence. Therefore, it is necessary to collect the opinions of various countries for international coordination.
In this regard, KIPO continues to discuss controversial issues related to artificial intelligence inventions with academia, industry, and foreign patent offices, and strives to lead the intellectual property system in the upcoming era of the Fourth Industrial Revolution. (Source: IP information of Chinese Academy of Sciences)
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