Open AccessProtection of patent law objects, created by artificial intelligence (AI) technologies
Author(s) -
Olha Pavlyuk,
Nataliia Parasiuk,
Alona Dutko,
В.М. Парасюк,
Оксана Стасів
Publication year - 2021
Publication title -
revista amazonía investiga
Language(s) - English
Resource type - Journals
ISSN - 2322-6307
DOI - 10.34069/ai/2021.44.08.22
Subject(s) - patentability , novelty , patent law , context (archaeology) , convention , process (computing) , emerging technologies , artificial intelligence , computer science , european patent office , engineering , law , political science , intellectual property , psychology , social psychology , paleontology , biology , operating system
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.