Challenges related to protect of artificial intelligence' patent

Document Type : Original Article

Authors

1 Associate Professor of Private Law and Director of Private Law Department Faculty of Farabi Campus in University of Tehran

2 PHD student in private law of Farabi campus in university of Tehran

3 Scientific assistant of engineer college of Farabi University

Abstract

Artificial intelligence is a system which could act similar to human intelligent behaviour, comprehend complex situations, simulate thinking process, gain science, have argument of solving problem and at least make a new product. Sometimes human use this system for making her patent. sometimes it, independently makes a patent; a patent which if created by an human, supported in patent law. The problem is that, if artificial intelligence play a rol in creating a patent, as an instrument or independently, is it supportable or not? If yes, who is the rightholder? In this paper, we accede to in expressing – analytical approach, user of artificial intelligence is the rightholder at first assumption. But in second, the ownership is for public.

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