On The Patentability And Ownership Of Artificial Intelligence Inventions

With the maturity of deep learning technology,the development of artificial intelligence(AI)set off a third wave.In the field of patents,computers began to participate in the invention process,and some inventions that met the conditions for patent authorization were created and are being created.Under the existing legal framework,patent law does not recognize the inventorship of AI,and thus does not recognize the patentability of its inventions.This poses a huge challenge to the patent system.This thesis uses literature analysis,case study,comparative analysis and other methods to discuss the patentability and ownership of AI inventions.This thesis consists of five parts,the main contents are as follows:The first part defines AI and its inventions,and elaborated the origin of patentability issue and ownership issue.The second part demonstrates the legitimacy of patentability from multiple angles.On the one hand,it refuted the objection.On the other hand,it demonstrates its rationality from the positive perspective of intellectual property law philosophy and national innovation development.Under the condition of affirming its patentability,in order to avoid excessive protection caused by the explosive growth of patents,the third part proposed an adjustment for the standard of novelty,creativity and utility.Particularly,when decided the creativity,the standard of "PHOSITA" should be raised;and if an area of research using AI is common,such inventions should be considered obvious.In determining utility,the old criteria should be changed according to different fields and needs.The fourth part discusses the issue of patent ownership.This part argues that priority should be given to the agreement of all parties.If there is no agreement between the parties the AI owner should not be regarded as inventors.Instead,letting the owner of AI become the default patent owner is consistent with the current property ownership system,and it is the best for stimulating innovation.As for joint invention of AI and technical users,both the user and the owner should be regarded as patent holders.The fifth part is the thinking and suggestion of this problem in the context of China.Technically,it is necessary to strengthen supervision of entities with such technical capabilities;in law,relevant legal guidance should be issued with reference to the above conclusions;ethically,the review of research projects involving ethical issues should be strengthened to ensure that AI develops healthily under human guidance.This thesis has three innovations: First,it summarizes the views against the patentability of such inventions,and rebuts them one by one.Also,it carries out positive arguments from the perspectives of intellectual property law philosophy and national innovation development.Second,it proposes solutions to the problems that may arise from the recognition of patentability.In response to the possible outbreak of patent applications,it is proposed to adjust the standards of patentability.Third,it analysis the problem of AI inventions in combination with China’s local conditions.Suggestions for response to possible negative effects are given from the perspectives of technology,law,and ethics.