PATENTING OF INVENTIONS CREATED WITH THE USE OF ARTIFICIAL INTELLIGENCE: REGULATORY ISSUES
Synopsis
The article, based on intellectual property analytics tools, analysis of international and national patent legislation, investigates the problems of inventions created using artificial intelligence (AI): patent landscape, patenting dynamics, patent activity in the field of AI technologies, analyses the features of patentability examination of inventions in various jurisdictions (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 Protection of Rights to Inventions and Utility Models” regarding the regulation of relations arising in relation to inventions and utility models created using artificial intelligence” are considered. It is 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 norms of the EPC Guidelines on computerimplemented inventions in the Rules for the Preparation, Filing and Examination of Applications for Inventions and Applications for Utility Models, which do not reflect these aspects.