Research On Standard Essential Patent Of Artificial Intelligence

SEPs are the integration of patents and technical standards,with conflict between the protection of private rights and the enforcement of standards.A patentee has formed certain advantages through patent application,and then participates in the formulation of standards,applies to the standard-setting organization for including the patent as a part of the standard,and thus becomes a patent essential to the standard.China keeps pace with the times,the regulations on patent examination are basically consistent with the international.Because of the uniqueness of the algorithm,the SEPs of artificial intelligence is faced with the risk of not being licensed or invalid.The way of calculating the royalty is different from the standard essential patent in the field of communication.So there are many legal problems: 1)How can artificial intelligence be patented? How is it different from traditional patent licensing? 2)What is the reasonable way to calculate the royalty of standard essential patent in artificial intelligence? Is it based on the end product or on a module? Is the royalty of the same standard essential patent for price of different smart terminal products? 3)Does the standard essential patent pool involve antitrust? Does it involve antitrust that a right holder refuses to authorize certain entities in the supply chain in order to avoid "exhaustion of the right" ? How does our country deal with the monopoly risk in the field of artificial intelligence?To answer the above questions,the article is divided into three chapters.The first chapter focuses on the right basis of standard essential patent in the field of artificial intelligence.First of all,we should clarify the boundaries of patent objects.We should,from the perspective of the practicality,novelty and inventiveness of patent authorization,and in combination with the improvements to the standards and process of algorithm patent authorization in China,determining the patentability issues in disputes over algorithm,invention and creation of artificial intelligence,etc.,through the study of a large number of examples.The second chapter is aimed at analyzing the royalty for SEPs.We should,by referring to the experience in the field of communication,focusing on the core issue of lawsuits over patents essential to standardsroyalty.We should,by considering the licensing forms of patents essential to standards and representative lawsuits over recent years,measuring the feasibility of several calculation forms of rates.In Chapter 3,we discuss the anti-monopoly legal issues concerning patents essential to artificial intelligence standards.We should analyze the issues of anti-monopoly royalty.Avanci has innovative operation mode for licensing SEPS with discrimination against entities in a certain link of the supply chain due to their refusal to grant authorization.We should also discuss the anti-monopoly legal issues concerning the owners of SEPs to artificial intelligence standards,and,in light of the experience in Japan and Europe,give suggestions on the existing issues in the field of artificial intelligence in China.