Japan is taking significant steps to protect inventions based on AI technology developments as highlighted in the recent Interim Report of the Study Group on Intellectual Property Rights in the AI Era. This report sheds light on the complex legal issues arising from the rapid expansion of AI technologies, particularly generative AI, in Japan.
The study group, formed in October 2023, focused on the critical relationship between AI and intellectual property rights. In May 2024, the Interim Report was published, providing valuable insights into the protection of inventions rooted in AI technology.
One crucial aspect discussed in the report is how inventions created using AI should be treated concerning inventorship. It stresses the necessity for a natural person to have made a creative contribution to the distinctive part of an invention to be considered an inventor. The report also emphasizes that AI should assist in the invention process while affirming the importance of human involvement in inventiveness.
Moreover, the report addresses issues in patent examination to facilitate the broader use of AI. It suggests that the existing patent examination system need not be altered due to AI’s influence in the invention process. However, considerations should be made to accurately determine the level of inventive step and meet enablement and support requirements based on common technical knowledge and standards when assessing AI-related inventions.
The release of the Intellectual Property Strategic Program 2024 in June reaffirms the significance of AI in intellectual property law, indicating ongoing discussions on the subject. The intersection of AI and intellectual property rights remains a key focus in Japan, with continuous updates expected in this area.
In conclusion, Japan’s proactive approach to safeguarding inventions driven by AI technology marks a milestone in intellectual property rights. The concerted efforts of the Study Group and the insights provided in the Interim Report lay the foundation for navigating the evolving landscape of AI-related intellectual property law. Stay tuned for further updates on this dynamic field.
For further details, you can refer to the full Interim Report of the Study Group on Intellectual Property Rights in the AI Era.
