A study on the Core Issues of Invention Related to Artificial Intelligence in Patent Law

• Main Authors: Cheng, Yi-Ning, 鄭禕寧
• Other Authors: Shen, Chung-Lun
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/n4845z

碩士 === 國立政治大學 === 法律科際整合研究所 === 107 === Artificial intelligence (A.I.) such as face recognition, voice recognition, autopilot, etc., has become not only the sci-fi movie plots but been all over our lives. Although A.I. hasn’t been capable of thinking like a real human-being yet according to the technology known so far, scientists still keep working on breaking through the restrictions, making the artificial intelligence become an important assistant role in human life. It helps people during the research process, and can even become the independent inventor. Intellectual property law such as patent law, trademark law, and copyright law are enacted to encourage creation and invention. While the premise of the law protection above currently should be mental activity of human, in other words, “natural person” is the only subject of rights of creator and inventor. It may cause problems when A.I. starts to act like human and even be able to make the substantive features of the invention. Thus, it is essential to decide whether to enable the eligibility of subject of right of artificial intelligence in advance. In fact, the essence of A.I. is very similar to computer software. Besides the problems of subject of right mentioned above, the impact of A.I. on the current law system also evoked the issue of eligibility of computer software on intellectual property law once again. In this regard, this article limits the scope of discussion to the patent law, and introduce the connotation and development of A.I. from the technical point of view. After that, it will cut through the legislative purpose of the patent law, analyze the opinions and guidelines issued recently in different countries, and also the identification of the subject of rights and the pros and cons of related industries.