미국에 있어서 AI발명의 특허적격성 판단과 동향분석

Abstract

The AI invention puts emphasis on the computer-based device which can determine such as the intelligent human and corresponds to the type of SW invention in a broad sense. With respect to the intelligence of the AI which achieves the best purpose by repetitively learning a specific learning data structure by the learning program using the AI technology made by the human, and the realizing means thereof, it has become an issue to have the patent eligibility. In relation therewith, the USPTO revises the patent eligibility determination guideline which had been executed from January 2019 to execute as of October 17, 2019. Especially the analyzing report on the effect of the patent eligibility determination which applies this guideline was issued on April 23, 2020. By this report, it can be known that during one year after issuing/applying this guideline, the probability of noticing the first action including the rejection of the purpose not satisfying the patent eligibility to the applicant has been reduced by 25% and also the uncertainty of the examination relating to the patent eligibility determination has been reduced by 44%. Nevertheless the USPTO receives opinions on the patent eligibility from the various organizations of the world with respect to the question whether there is a problem to determine the patent eligibility in the AI invention only by this guideline, and the US law system, and discloses results thereof on March 18, 2020. In the disclosed written opinion, the various contents regarding the current US law system and examination related to the AI invention are described. It is a matter of interest how to reflect from now on such a various opinion to the US law system to accept the patent eligibility of the AI invention, Since such a patent eligibility determination of the AI invention in US would have a lot of effect on our country, it is needed to deeply analyze te system change in US to cope therewith.