Inventions created by artificial intelligence software: problems of law enforcement

In: Gosudarstvo i pravo, Heft 11, S. 90

Abstract

The article analyzes the issue of determining the author and patent holder of an invention created by artificial intelligence software. The problem of determining the authorship of objects of patent law created by artificial intelligence is considered from two sides: the definition of the author of an individual under the guidance and control of which artificial intelligence has achieved a patentable result, and the recognition of the status of the inventor for the artificial intelligence itself due to the creative nature of the inventive process.
It is proved that the definition of the behavior of artificial intelligence by setting the problem and giving the necessary instructions for its solution leads to the recognition of the person giving such instructions as the inventor of the result, and artificial intelligence makes only a means to achieve the result.
It is concluded that in order to recognize the author of artificial intelligence software as the inventor of the result developed by such artificial intelligence, it is not enough for the author to take an indirect part by "training" artificial intelligence algorithms and determining the identified errors in their work. The unpredictability and non-obviousness of the decision-making process by artificial intelligence for the programmer does not allow him to recognize the inventor of the results created by the software.
At this stage of the development of artificial intelligence technology, the process of creating an invention by artificial intelligence is proposed to be considered as a revision of the parameters and characteristics existing in this field of technology, and the implementation of a choice from certain categories.