| Artificial intelligence algorithm is the “soul“ of artificial intelligence,and the time and capital investment of enterprises in the research and development process is the realistic basis for the protection of algorithm.However,in the operation of artificial intelligence algorithm,it may cause algorithm discrimination,“algorithm black box“ and other technical risks,threatening social ethics,judicial justice and human health.Therefore,using which system can not only play the role of artificial intelligence algorithm in stimulating economic development but also avoids the above risks become the key.Although the protection of artificial intelligence algor ithm in patent law conforms to the essence of “law of technology“,it also has a strong impact on the theoretical basis and legal rules.In view of this,it is necessary to analyze the technical characteristics and legal characteristics of artificial inte lligence algorithms,discuss the theoretical basis of the specialization of artificial intelligence algorithms with reference to external specifications,and propose feasible measures in advance of possible difficulties.The ideas of this paper are as follows:The first chapter explores the technical and legal characteristics of artificial in telligence algorithm.The first section mainly includes the concept and historical development of algorithm,as well as the differences and connections between artifi cial intelligence algorithm and traditional algorithm.The second section aims at exploring and explaining the principle of artificial intelligence algorithm technology,seeking a reasonable classification suitable for intellectual property law,and exploring the legal value behind the technical value of artificial intelligence algorithm.T he third section compares the concept of artificial intelligence algorithm with that of intellectual property law,so as to deduce its legal attribute and seek its reason able regulatory path in IP law.The second chapter analyzes the necessity and possibility of artificial intellige nce algorithm protection.The first section summarizes several possible paths of protection of artificial intelligence protection algorithm.After the analysis of compar ative law,it is found that the protection of artificial intelligence algorithm by pate nt law is the path with the largest protection scope and the most consistent with the original intention of the patent law system in the current legal system of our country.The second section sorts out the theoretical basis of artificial intelligence algorithm specialization,explores the common points and conflicts with natural rights theory,incentive theory and public policy theory,and determines whether such conflicts can be overcome.The third chapter compares the relevant systems of computer programs and b usiness methods in the United States,the European Union and Japan,as well as the examination rules of artificial intelligence algorithms,summarizes useful experie nce and finds existing problems.The first section discusses the commonness of co mputer program,business method and artificial intelligence algorithm.The second section conducts a comparative analysis and finds that the United States,the Euro pean Union and Japan make a breakthrough as take computer programs,business methods and so forth as the patent objects,and makes a detailed summary of the judgment standards of artificial intelligence algorithm patents in these countries or regions.Finally,the author summarizes the experience and puts forward some su ggestions on the specialization of Chinese artificial intelligence algorithm.The forth chapter reveals the dilemma of artificial intelligence algorithm paten t protection.The first section discusses the problem of disclosure of artificial intel ligence algorithm patent.As an object of patent right,artificial intelligence algorit hm needs to obtain temporary monopoly rights at the cost of disclosure.However,the disclosure of algorithm also has technical obstacles,artificial obstacles.The second section discusses the patent subject of artificial intelligence algorithm.Becau se of the complexity of the the generating process of artificial intelligence algorithm,there are many interests of related subjects.In this way,the ownership of pate nt rights remains to be clarified.The third section research the “three characteristics of patent“ examination of artificial intelligence algorithm in the substantive exa mination of patent.The fifth chapter aims at designing the system.Section one determines the rules of patent confirmation.The rules of patent object and patent authorization subject in patent law are refined.The second section elaborates the rules of patent examination.The paper puts forward a strategy of patent review.Section three further specifies the exclusion scope of patent object and excludes the possibility of obtaining patent right for algorithm inventions and algorithm schemes in some fields that are contrary to public order,ethics and morality. |
