Invention Ownership of Artificial Intelligence within the Framework of Patent Law
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Technology, like law, is a dynamic field of study. Each new development opens a new door, and each transformation creates new outcomes. Undoubtedly, the law to be applied to each outcome will not be the same. Each concrete event is unique in itself and should be considered separately.
Looking at where we have reached in recent years, we see that many technological developments have taken place. These developments have been reflected in legal science, as they have in every area of life. Technology has become so intertwined with human life that it can no longer be considered apart from law.
The most interesting thing that technology has brought to our lives in recent years is undoubtedly artificial intelligence. The use of artificial intelligence in many different fields has led to many interesting results. Many original lawsuits have been filed in this area as well. Many questions have arisen in our minds. Are the results produced by artificial intelligence truly works of art? Should the productions have property rights or should they remain anonymous? Can artificial intelligence be an inventor? Is artificial intelligence capable of rights and obligations like real persons? What is the scope of responsibility of artificial intelligence? Where should artificial intelligence be placed in the legal order? Can artificial intelligence productions be protected under the framework of patent rights? At this point, it is necessary to analyze the patentability requirements in detail. These conditions are determined separately by each nation's own legal system in the legal order.
In recent times, national intellectual property agencies in the United Kingdom (UK), United States of America (USA), Australia and the European Patent Office (EPO) have ruled that artificial intelligence (AI) machines do not have the capacity to be named as inventors in the famous DABUS patent applications.
In this academic study, the DABUS case and other cases involving patent and artificial intelligence will also be examined, and the research on the issues mentioned above will be expanded.