Patenting of inventions created with the use of artificial intelligence: problems of theory and practice

Abstract

In the article, based on the tools of intellectual property analysis, international and national patent legislation is analyzed, the problems of inventing inventions created with the use of artificial intelligence (AI) are investigated: the dynamics of patenting, patent activity in the field of AI technologies, the peculiarities of patentability examination of inventions in different jurisdictions are analyzed (EPO, Germany, China, USA, Japan) and judicial practice on this issue. The main provisions of the draft law “On Amendments to the Law of Ukraine “On the Protection of Rights to Inventions and Utility Models” regarding the regulation of relations arising in relation to inventions and utility models created with the use of artificial intelligence” were considered. It was concluded that the law “On protection of rights to inventions and utility models” excludes computer programs from patented objects. It is recommended to implement the rules of the EPC Guidelines on computer-implemented inventions into the Rules for drawing up, submitting and considering an application for an invention and an application for a utility model, which do not reflect these aspects.