Korea Intellectual Property Office launches forum to tackle AI patent rules

The Korea Intellectual Property Office launched the Intellectual Property Strategy Forum on Monday to address critical issues arising from the rapid expansion of artificial intelligence in technology development. The forum held its first open debate in Seoul, focusing on the extent to which inventions utilizing AI should receive patent protection.

As national initiatives increasingly rely on AI to solve complex technical challenges, regulators face growing questions about where to draw the line between human invention and machine output. Participants discussed methods for determining whether a result stems from human creative contribution or merely from using AI as a tool.

Officials clarified that the key criterion for recognizing an AI-assisted invention is whether a human directly conceived the specific technical idea behind the final result. Merely checking AI outputs or implementing them without modification does not qualify as a human invention.

Experts warned that as AI becomes a standard part of research, the legal threshold for inventiveness could rise significantly. If a person skilled in the art is presumed to use AI, inventions easily derived with such tools may fail to meet the requirement for non-obviousness, making patents harder to secure.

Researchers were advised to meticulously document work logs, recording design changes made after AI generation, experimental verification results, and moments of human judgment. These records will serve as crucial evidence when distinguishing human creativity from automated processes.

"In an era of technological hegemony wars involving AI and semiconductors, intellectual property is a core strategic asset that determines national survival," said Sung Yoon-mo, chair of the new forum. He added that the forum would act as a vital bridge connecting industry voices to policy design.

Kim Yong-seon, commissioner of the Korea Intellectual Property Office, stated that organically combining R&D with IP strategy is essential for turning innovation into national competitiveness.

The forum plans to hold three to four breakfast-style open debates annually, with key findings published in reports to serve as foundational data for future policymaking. Committee members drawn from industry, academia, research institutes and government will select topics and propose strategies to strengthen the nation's IP capabilities.