ARTIFICIAL INTELLIGENCE AS AN INVENTOR: STATE, PROBLEMS, DEVELOPMENT PROSPECTS

Abstract

The present article considers the filing of an application under the procedure under the Patent Cooperation Treaty (PCT), in which the inventor indicates artificial intelligence. This is the first example in the history of mankind when the inventor in the patent application is not a person. Patent systems of different countries are not ready for such an event and the passage of such an application in the national phases of these countries will differ from each other. However, there is no doubt that in the world attempts to declare artificial intelligence as an inventor will continue. Currently, intellectual property experts are discussing the possible consequences of this phenomenon. This discussion has already suggested the need to develop and sign an international agreement to develop a unified approach to such applications in national and regional patent offices and changes in national laws governing this issue. The presented article details the passage of application PCT / IB2019 / 057809 in the national phase in the patent offices of Australia (IP Australia) and the United States (USPTO). Also, appeals and subsequent lawsuits on the mentioned applications were considered. The arguments of the parties presented in this article will be of interest to a wide range of experts in the field of intellectual property and, in particular, forensic experts in the field of intellectual property. In particular, a practical example of linguistic analysis used by a judge in a case before the Federal Court of Australia will be useful for forensic experts. Also, for professionals in the field of intellectual property will be useful references to sources that describe in detail the mentioned lawsuits. This article also provides a brief overview of the progress of this application in the national phases of other countries, with the relevant numbers of national applications, which will allow intellectual property professionals to monitor the status of the records of these applications in the future.