| Artificial intelligence has been widely used in various scientific and technological research and development activities.As deep learning technology leads a new wave of artificial intelligence technology,the application of artificial intelligence in the field of copyright has matured,and artificial intelligence products have Judicial practice identified as a legal person’s work.In the field of patent law,artificial intelligence has evolved to be more autonomous with the aid of creative activities.In the 1990 s,Dr.Taylor claimed that he had obtained a patent authorization for inventions generated by artificial neural network technology.After years of development,under the blessing of increasingly perfect deep learning technology,artificial intelligence’s ability to independently carry out creative activities has been improved.There are more and more examples of artificial intelligence-generated inventions.The actual effect of artificial intelligence inventing inventions is the same as that of human inventions.It is not even possible to distinguish between the two without disclosure.In practice,artificial intelligence has been rejected as an inventor’s patent application.At a critical time for the development of artificial intelligence,the field of artificial intelligence is a technological high ground seized by various business groups and countries.The impact of artificial intelligence-generating inventions on the patent law system will continue.It is clear that artificial intelligence-generating inventions play a role in the patent law system.It has practical significance.Although the debate on the subject matter of artificial intelligence is becoming more and more fierce,the research focus of patent law should be on the "capable" aspects of artificial intelligence,not on whether artificial intelligence is like a "human".At this stage,the increase of social public welfare is promoted by the grant of rights,and the distribution of risk society is more importantly reduced by the clear rules of liability.This article will focus on the legitimacy of the protection of artificial intelligence-generating invention patent law,the patentability of artificial intelligence-generating invention,the arrangement of the rights of artificial intelligence-generating invention,and the possible challenges and coping methods of artificial intelligence to patent law.Five parts are discussed:The first part of the introduction mainly introduces the current development of artificial intelligence and the latest cases of artificial intelligence generative inventions,elicits the research questions of this article,and questions about whether domestic and foreign scholars have the subject qualification of artificial intelligence,the ownership and responsibility of artificial intelligence The problems are presented in perspective,and the focus of this article is determined.The second part first explained the concept of artificial intelligence generative inventions on the basis of clarifying the concept of artificial intelligence,and listed examples of artificial intelligence generative inventions.The capability levels of artificial intelligence are classified,and it is determined that the era of weak artificial intelligence is still in the era.The research on related issues should be based on the background of the era of weak artificial intelligence,and then make a certain outlook on strong artificial intelligence.Secondly,regarding the optional protection mode of artificial intelligence generative inventions,the advantages and disadvantages of public domain theory,trade secret protection theory,and patent law protection mode are compared.It is concluded that the protection mode of patent law is more in line with the development of artificial intelligence and the country.Top-level design conclusions.The third part mainly demonstrates the justification of the protection of artificial intelligence-generated invention patents,determines the adaptability of artificial intelligence-generated inventions to the basic theoretical impact of patent law,and combines changes in the system of pharmaceutical invention patents,changes in the attitude of computer program invention patent protection,and The history of ethical reconciliation of human embryonic stem cell inventions demonstrates the feasibility of artificial intelligence-generating inventions under the trend of patent subject expansion.Finally,from the perspective of the development of the artificial intelligence market and the needs of the industry,and in terms of improving the efficiency of technological research and development,the necessity of the protection of artificial intelligence to generate invention patent laws is demonstrated.The fourth part first demonstrates the patentability of artificial intelligencegenerated inventions by comparing the scope of patent subject matter of various countries and the standards of substantive authorization,combined with the internal mechanism of artificial intelligence technology.Second,before discussing the issue of attribution,the practical obstacles to the qualification of artificial intelligence subjects are discussed from the specific systems of each country.Finally,on the premise of strictly abiding by the status of the subject matter of artificial intelligence,the right ownership of artificial intelligence-generating inventions is demonstrated based on the current status of industrial development.The fifth part summarizes the existing challenges and potential risks of patent law in artificial intelligence and combines the characteristics of artificial intelligence to clarify the challenges of artificial intelligence in expanding the scope of existing technology,creative judgment standards,and the scarcity of intellectual property rights.On the other hand,it provides feasible suggestions for the disclosure of artificial intelligence creation activities,adjustment of patent examination standards and the protection of existing technology which is used to be patentability. |
