Yapay Zekânın Patent Hukuku Çerçevesinde Buluş Sahipliği

Abstract

With the widespread use of the internet, vast data resources, and advanced computing power in the 21st century, there has been a leap in the development of artificial intelligence (“AI”) technologies. Significant achievements have been made in areas such as natural language processing, image recognition, and voice recognition through deep learning. Consequently, people have begun to use artificial intelligence extensively in their daily lives. AI has impacted various sectors, including health, education, agriculture, and industry, initiating an unforeseen transformation in these fields. As artificial intelligence becomes more integrated into human life, unprecedented social, economic, and legal issues have emerged. One of the legal fields affected by AI is patent law. In recent years, AI has reached a point where inventions can be made without human intervention. This raises questions about whether the invention should be attributed to AI itself or the human user and who should be the patent right holder. It is crucial for patent law to adapt to the developments in the field of AI. The first part of this study introduces the concept of artificial intelligence and provides a legal evaluation of AI. In the second part, the relationship between AI inventions and patent law is examined, and decisions made by the European Union, the United Kingdom, the United States, Australia, and South Africa regarding AI inventions are discussed. Finally, the third part evaluates the legal issues arising from AI inventions, along with potential solutions and methods to be followed. The study concludes that for inventions presented by AI systems, the AI system itself should be recognized as the inventor, and these inventions should be patentable. Proposed solutions include the implementation of new legislative regulations, the establishment of electronic personality status, and suggestions for joint invention ownership. Keywords Artificial intelligence, AI- generated inventions, inventorship, generative AI, inventiveness, machine learning, legal status, deep learning.