LAW OF VIETNAM AND SOME COUNTRIES IN THE WORLD ON THE PROTECTION OF INVENTIONS CREATED BY ARTIFICIAL INTELLIGENCE – GENERAL TRENDS AND SOME POLICY RECOMMENDATIONS

Abstract

Artificial intelligence (AI) has emerged as a significant technology transforming many aspects of life in recent years. With the increasing importance of AI-based inventions, the issue of patentability for inventions created by AI has become a topic of great interest and debate. Patent law plays a vital role in promoting innovation and protecting the rights of innovators. Patents are a form of intellectual property protection for innovators to prevent others from using their inventions for a certain period. However, the rapidly evolving nature of AI technology poses challenges to patent law, especially patentability criteria and the review of AI-based patent applications. The article outlines the legal provisions on patent procedures in Vietnam, China, Japan, and India. It concludes that in these jurisdictions, it is not possible to protect an invention created by AI because the protection procedures all require the disclosure of information about the inventor as an individual. Disclosure of information about the inventor as an individual is a mandatory requirement during the patent application process. Since an AI system is not an individual, it is, therefore, not possible to apply for a patent for an invention created by AI. On that basis, the article recommends recognizing the AI system as the inventor, but recognizing the AI system as the inventor does not mean that the AI owns the invention. They credit an AI system as the inventor, intended to accommodate the evolution of technology and distinguish between an invention made by an individual and an invention made by an artificial intelligence system.