Abstract
The aim of the article is to solve the scientific problem of outlining the issue of protection of patent law objects created using artificial intelligence technologies, and to establish whether it is possible to recognize artificial intelligence technologies as inventor at the present stage of development of legal systems. Philosophical, comparative-legal and system-structural methods were used in the research process. Based on the analysis of the European Patent Convention, the main generally accepted conditions of patentability of the invention are determined: novelty, inventive step, industrial applicability. It has been established that inventions created by artificial intelligence technologies will meet such criteria provided that certain requirements are met. In the context of the study, the case of the invention of artificial intelligence «DABUS» is analyzed and the results of its consideration in the European Patent Organization, the United Kingdom and the United States are summarized. In particular, it has been established that artificial intelligence technologies are currently not considered as inventors in either the Romano-Germanic or Anglo-Saxon legal systems.
Highlights
The rapid development of artificial intelligence (AI) has a significant impact on the economy and society as a whole
It should be understood that artificial intelligence can have consequences that can be profound for all institutions of modern society and at the same time have a decisive impact on certain specific institutions, including the legal regulation of objects of patent law created by artificial intelligence technologies
It is unclear whether artificial intelligence algorithms (AIs) should be subject to patent protection, or whether the widespread use of AI inventions would require a reassessment of basic patent concepts, such as the inventive step
Summary
The rapid development of artificial intelligence (AI) has a significant impact on the economy and society as a whole. The emergence of such a concept as «inventor-artificial intelligence» raises a number of new questions to which the modern patent system may not have simple answers and solutions. It is unclear whether artificial intelligence algorithms (AIs) should be subject to patent protection, or whether the widespread use of AI inventions would require a reassessment of basic patent concepts, such as the inventive step. Who would own a patent if AI technology created an invention with little or no human intervention?
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