The core of artificial intelligence technology patent registration seen with Chat GPT in Korea

Fine patent
February 13, 2022

1. ChatGPT, an interactive artificial intelligence model based on large-scale language models

Chat GPT (Chat GPT) seems to be a hot issue. ChatGPT is an example of a chatbot service based on an artificial intelligence model; to be precise, it is an interactive artificial intelligence model based on a large-scale language model.

There have been many chatbots in the past, but unlike conventional chatbot technology, they seem to surprise people by showing an excellent level of conversation. Open AI (Open AI), the developer of Chat GPT (Chat GPT), plans to attract an investment of $10 billion from Microsoft, so I am once again interested in ChatGPT's marketability.

I was once again curious about the capabilities of Chat GPT, so I inquired about the scope of claims for a camping chair with a characteristic folding method, and the results were imaginable.

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[Screen excerpt from ChatGPT's response to a request to write a scope of claim for a camping chair on ChatGPT]

The above screen is the result of requesting the creation of a claim range from ChatGPT, which provides an interactive service, and despite not providing separate information on the relationships between the components of camping chairs, a claim range with a well-described relationship between each component was output based on a typical camping chair.

Of course, the claim drawn up by Chat GPT only includes the configuration of a typical camping chair, so it is difficult to register a patent, but it seems that the scope of the claim is quite plausible.

In addition, Open AI (Open AI) provides not only an interactive service, but also an image creation service called DALL·E. I requested the creation of a golden logo for our company's logo, PINE TREE, and a logo I really liked was printed.

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[Excerpt from OPEN AI's request to create a DALL·E GOLDEN PINE TREE logo]

2. Can patents be registered for technologies using existing artificial intelligence technology? 'Yes! It's possible'

As Chat GPT (Chat GPT) is a hot issue, artificial intelligence patent applications have increased rapidly in the last 5 years. Our office is also receiving many inquiries about artificial intelligence technology patent applications.

One common question from people contacting our office is, is it possible to register a patent using an existing artificial intelligence model? This is a question.

Artificial intelligence (AI) models are a technology that has a longer history than expected, and I think they ask these questions because they develop services by optimizing models that have already been developed.

In conclusion, services and technologies using existing artificial intelligence models can also be registered as patents.:)

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[Fine Patent Artificial Intelligence Field Patent Disputes and Case Trends Seminar Presentation Screen]

3. How to register an artificial intelligence patent as described in the Patent Office Examination Practice Guide? “The key is input data and output data”

As the number of patent applications in the field of artificial intelligence (AI) is rapidly increasing, the Korea Patent Office has also published an examination practice guide for each technology field and is presenting examination criteria for patent applications in the field of artificial intelligence.

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[Artificial Intelligence Field Examination Guide distributed by the Patent Office]

The review practice guide mentions various examples in the field of artificial intelligence technology and explains (1) requirements for describing the description of the invention (2) requirements for filing the scope of claim (3) novelty (4) progressiveness (5) examples of refusals related to establishment. The details of the specific cases vary slightly, but if you summarize the key points, they can be summarized in the following 3 categories.

Point 1. In the process of preparing an artificial intelligence (AI) patent registration, accurately define the input data of the artificial intelligence model and the output data output from the artificial intelligence model

Point 2. Show a good correlation between the learning process of the AI model and the input data and output data of the AI model in the process of using the learned AI model

Point 3. In the process of learning and utilization using input data input to the artificial intelligence model and output data output from the artificial intelligence model, accurately describe the entity performing the operation

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[Excerpt from the AI Technology Concept Map from the Patent Office's Artificial Intelligence Examination Practice Guide]

Therefore, it is thought that representatives preparing to register an AI patent will be able to secure a good AI registration patent by accurately defining the input data of the AI model and the output data output from the AI model in the currently developed or completed service model, and by preparing specifically the correlation between the input data and the output data and how the data output from the AI model is being used.

4. While finishing

Can ChatGPT work on patent specifications? I came to write this post by requesting various questions about ChatGPT due to this question, and I hope this article will be helpful to representatives who are considering various business models in the field of artificial intelligence (AI). If you contact us with Fine Patent, which has rich experience with artificial intelligence technology, we will be happy to guide you.

Thank you

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