| Abstract [eng] |
With the emergence of artificial intelligence in the 20th century, the intense development of these technologies has led to many innovations in industrial, economic and legal fields. Accordingly, a discourse has emerged among legal doctrinaires and legislators on the impact of artificial intelligence on various areas of law, including intellectual property law. While attempts have been made to establish an appropriate legal framework in response to the development of artificial intelligence and the emergence of new types of artificial intelligence, it is clear that jurisprudence is still catching up with the innovations of artificial intelligence. This is also the case in patent law. As different regulatory proposals are being suggested in different jurisdictions to determine the patentability of AI inventions and the availability of patent protection, it is necessary to examine the compatibility of such an invention with the traditional patentability requirements established in patent law. The study found that artificial intelligence is capable of fulfilling the criteria of novelty, non-obviousness and industrial applicability in the light of the versions of artificial intelligence that exist today. However, the main challenges for patenting arise from the non-compliance of AI with the statutory concept of "inventor" and thus the failure to meet the requirements of subjectivity. In various jurisdictions around the world, such as Lithuania, the European Union, the United States of America, Australia, the United Kingdom, etc., only natural persons are recognized as inventors at statutory level. Accordingly, this is the main reason why artificial intelligence is recognized as not being able to be an autonomous inventor in the sense of patent law. This latter aspect raises additional issues of concern in relation to the question of authorship and ownership of a human invention created with the help of an artificial intelligence system. The complexity of the definition of authorship arises from the difficulty of determining the significant contribution of the human being to the development of the invention. In contrast, the issue of ownership rights often arises in the relationship between the controllers of artificial intelligence systems and the users who have created an invention with a particular artificial intelligence application of that controller. However, the current proposals for the regulation of AI in patent law imply that the development of inventions with the help of AI is welcomed and encouraged, and that the main additional requirements will not be related to the patentability criteria of the invention to be developed, but rather to the content of the patent application, the disclosure of information related to the working models of the AI system used to develop the invention, the appropriate contribution of the AI to the invention, and potentially other requirements of similar nature. |
