Problems of determining the authorship of inventions created using artificial intelligence: the experience of the USA

The article is devoted to the legal regulation of problematic issues in the intellectual property sphere related to determining patentability and inventorship on inventions created using artificial intelligence. The purpose of the study is to analyze the experience of the United States Patent and Trademark Office for further development of national documents that will regulate these issues. The article examines how these issues are addressed in the United States as one of the leading countries in innovation, whose authorities keep artificial intelligence-related issues under close control and regulation. The article analyzes the content and structure of the “Inventorship Guidance for AI-Assisted Inventions”. The study of national legislation has shown the relevance of developing similar regulations in Ukraine. The author substantiates the need to create recommendations similar to the recommendations mentioned above of the US Patent Office which would explain to all interested parties the conceptual foundations and practical approaches to patentability and inventorship on inventions created using artificial intelligence.

Authors

Publication Details

Journal
INFORMATION AND LAW
Published
2024-12-10
DOI
https://doi.org/10.37750/2616-6798.2024.4(51).317870
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

Problems of determining the authorship of inventions created using artificial intelligence: the experience of the USA

Mykhailo Mykhailenko
INFORMATION AND LAW
Digital Transformation in Law
article

Problems of determining the authorship of inventions created using artificial intelligence: the experience of the USA

Mykhailo Mykhailenko
article en

Abstract

The article is devoted to the legal regulation of problematic issues in the intellectual property sphere related to determining patentability and inventorship on inventions created using artificial intelligence. The purpose of the study is to analyze the experience of the United States Patent and Trademark Office for further development of national documents that will regulate these issues. The article examines how these issues are addressed in the United States as one of the leading countries in innovation, whose authorities keep artificial intelligence-related issues under close control and regulation. The article analyzes the content and structure of the “Inventorship Guidance for AI-Assisted Inventions”. The study of national legislation has shown the relevance of developing similar regulations in Ukraine. The author substantiates the need to create recommendations similar to the recommendations mentioned above of the US Patent Office which would explain to all interested parties the conceptual foundations and practical approaches to patentability and inventorship on inventions created using artificial intelligence.

INFORMATION AND LAW(4(51))
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Digital Transformation in Law
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Problems of determining the authorship of inventions created using artificial intelligence: the experience of the USA — Mykhailo Mykhailenko · INFORMATION AND LAW (2024) | TGRS Research Map | TGRS