[Valuable Intellectual Property] AI Bursting with Ideas... How to Protect Rights?

⑧Can AI Become an Inventor?
US Scientist Files AI Invention Patent
Patent Application Invalidated, Legal Action Taken
Using AI for Trademark and Patent Applications

Inventions of AI Dabus and the Claims of Dr. Steven Taylor
[Image provided by the Korean Intellectual Property Office]

[Asia Economy Reporter Kim Bo-kyung] We live in a world where artificial intelligence (AI) writes texts and draws pictures. AI can now even invent new things. So, can technologies invented by AI be registered as patents? Currently, it is legally impossible. Patent offices in major countries including South Korea, the UK, the US, and Germany recognize only humans as inventors.

A prominent figure advocating for recognizing AI as an inventor is American scientist Dr. Stephen Thaler. He founded an AI-specialized company called 'Imagination Engine' in Missouri and developed an AI creative machine named 'DABUS' that generates new ideas. Together with Ryan Abbott, a professor of law and health sciences at the University of Surrey in the UK and a lawyer, they have been conducting the 'Artificial Inventor Project' since 2019. They filed patent applications for technologies and products invented by DABUS in 16 countries worldwide through the international patent application (PCT) system. DABUS's inventions include ▲a food container with excellent heat transfer efficiency and ▲a flashing light-emitting rescue device that aids search operations. Dr. Thaler stated, "I have no knowledge related to this invention," and "DABUS, which I developed, invented it on its own." However, patent registration was rejected in various countries on the grounds that AI cannot be recognized as an inventor.

The Korean Intellectual Property Office (KIPO) also conducted its first patent examination on whether AI can be recognized as an inventor, triggered by these patent applications. The result was as expected. In September last year, KIPO notified a request for correction stating, "Listing AI instead of a natural person as the inventor violates the Patent Act," and "Please correct the inventor to a natural person." However, Dr. Thaler, the applicant, did not comply, resulting in the application being invalidated. Dr. Thaler filed an administrative lawsuit in response. Following major intellectual property jurisdictions such as the US, Europe, and the UK, he is engaged in legal battles in South Korea, the only Asian country, demanding recognition of AI as an inventor.

DABUS's inventions are entangled not only with patents but also with copyright issues. The painting titled 'Recent Entrance to Paradise' drawn by DABUS is the main subject. This work was denied copyright registration by the US Copyright Office in 2019 on the grounds that it did not involve human creative effort. In a recent interview with Art News, Dr. Thaler criticized that intellectual properties (IP) created by AI are not receiving proper rights. He expressed concern that "ideas will explode exponentially due to machine intelligence in the future," and "there will be confusion as dishonest artists and inventors unfairly take credit instead of creative AI." This means that humans free-riding on AI creations could disrupt fair trade order. From another perspective, without legal protection for AI creations, it would be difficult to expect innovation or advancement in AI technology. Lee In-sil, Commissioner of KIPO, stated, "Considering the current pace of AI development, there may come a time when AI must be recognized as an inventor," and "We are continuously discussing issues surrounding AI inventions with academia, industry, and foreign patent offices in preparation."

AI has already deeply entered the intellectual property market. AI also replaces patent attorney tasks. Japanese company 'Cotobox,' which provides an online AI trademark registration platform service, announced that the number of trademark applications using its service exceeded 10,000 over four years since November 2017. This service allows users to easily search for similar trademarks using AI and request trademark applications at a low cost, gaining popularity among small and medium-sized enterprises. Especially due to the impact of COVID-19, trademark applications from companies manufacturing and selling masks and disinfectants, as well as food service businesses offering takeout and delivery, increased using Cotobox.

A painting created by AI Dabous developed by Dr. Steven Taylor. The title is 'A Recent Entrance to Paradise'.

Japanese sports brand Asics introduced an AI patent document drafting system called 'AI Samurai' in 2021. When users input basic information about an invention, AI analyzes the content and automatically generates a draft of documents for patent application by referring to past patents. The draft prepared by AI is then revised and verified by a patent attorney before filing with the patent office. However, using AI Samurai could potentially violate the Patent Attorney Act. Japan's Patent Attorney Act prohibits non-patent attorneys from preparing patent application documents for a fee.

Asics examined whether using AI Samurai violated regulations through the 'Gray Zone Clearance System.' This system allows businesses to inquire in advance with relevant authorities when it is uncertain whether a new industry is subject to regulation. In February last year, the Ministry of Economy, Trade and Industry replied to Asics that "using AI for patent document preparation is lawful." It clarified that using AI systems under the supervision of a patent attorney does not violate the Patent Attorney Act. Lee Yu-ri-na, a researcher at the Korea Intellectual Property Research Institute, said, "Not only Asics but also companies adopting AI Samurai have been able to reduce the burden of drafting documents and file more patents faster."