AI Denied Inventor Recognition... Likely to Spark Copyright Recognition Debate

Korean Intellectual Property Office: "Patent Applications Naming AI, Not Natural Persons, as Inventors Are Not Allowed"
Likely to Affect the Arts Sector... Only "Human Creations" Recognized for Copyright in Korea
"AI Copyright Protection Is Important for Promoting Socially Valuable Content Production"

[Asia Economy Reporter Kang Nahum] Following overseas cases, a decision has been made domestically not to recognize artificial intelligence (AI) as an inventor in patent applications, raising expectations for increased debates over copyright recognition for AI-created works such as music and art in the future.

According to industry sources on the 11th, the Korean Intellectual Property Office (KIPO) recently invalidated an international patent application listing the American AI developer Steven Thaler's AI, 'DABUS,' as the inventor. The patents requested by Thaler were for two items: a food container with high heat transfer efficiency and a lamp that emits light by mimicking neural activity patterns.

In February, KIPO sent Thaler a request to amend the inventor designation from AI to a natural person, but he did not comply. Ultimately, KIPO made a final decision to invalidate the patent application. KIPO explained, "Patent applications listing AI instead of a natural person as the inventor are not permitted."

This decision by KIPO reflects the global trend. Previously, the United States Patent and Trademark Office (USPTO) rejected Thaler's patent application in 2020, stating, "Inventors are limited to natural persons," and the United Kingdom also concluded that "AI cannot be an inventor, nor can rights be assigned from AI as an applicant."

KIPO also does not recognize AI as the subject of invention, which is expected to have considerable impact on the arts sector in the future. Currently, in Korea, with the advent of the metaverse (extended virtual world) and the era of one-person media, AI-created music is gaining attention. The ability to produce music quickly and at low cost is increasing market demand, and corporate investment is active.

The music platform Genie Music is currently conducting AI music creation projects, such as composing the OST for the audio drama "Welcome to Hyunamdong Bookstore" using AI music creation technology. Naver has invested in the AI music production startup 'Poza Labs' and is preparing a music web service for individual creators.

However, there remains much controversy over the legal rights granted to these AI-created works and objective evaluation of their artistic value. Under current Korean copyright law, only "human creations" are recognized for copyright protection. Therefore, voices are emerging that the concept of creators and inventors should not be limited to humans but should be broadly expanded to promote industry development. Thaler stated, "AI can functionally produce creative results without human authors, and protecting AI-generated works with copyright is very important for promoting the production of socially valuable content."

Lee Insil, Commissioner of KIPO, said, "Considering the speed of AI development, there may come a time when AI must be recognized as an inventor," and added, "We plan to continue discussions with academia and industry regarding issues surrounding AI inventions."

This content was produced with the assistance of AI translation services.