The Research On The Patent Subject Matter Eligibility Of Artificial Intelligence

As the world enters a new era of transition,national attention to the Fourth Industrial Revolution is growing.Among the major technologies of the Fourth Industrial Revolution,the convergence and diffusion of computerbased artificial intelligence(AI)technologies across different technologies will have a significant impact on future countries and societies.Therefore,in order to seize the market for AI technologies,major countries announced a number of relevant laws and policies and actively invested in R&D to protect their own domestic intellectual property rights.However,under the current system,there may be some problems with the patent application and registration of AI.First,the concept and scope of AI.Whether AI should be included in the lower concept of computer-related inventions,or whether it should be considered as a new field by considering the AI.Second,whether it can be patentable subject matter and what criteria to examine AI.Third,how to treat machine learning in artificial intelligence.Also,the difference between the existing learning model and the new learning model lies in learning the data or structured data set,and if this difference creates a new difference in technology,it may also be problematic whether data should be protected.Based on the collection and analysis of various basic data in the field of artificial intelligence,this study summarizes various countries’ views on the protection of artificial intelligence patents and compares the policies and laws related to the protection of artificial intelligence patents in major countries.The scope of this study is as follows.First,it is a concept of artificial intelligence and its patent subject matter eligibility.In this section,analyze the differences between artificial intelligence and existing computer related inventions,then study the current status of patent law on artificial intelligence,and study patentable subject matter and criteria to examine related to artificial intelligence in major countries,such as China,the United States,and the European Union.Then,study the problem of patent subject matter eligibility of artificial intelligence and its reasons.Second,it is the analysis of the patent subject matter eligibility of artificial intelligence.Whether or not an artificial intelligence program,learning model and learning data can be patentable subject matter,and whether it is novel and obvious is also discussed.Third,suggest patent policies related to the patent subject matter eligibility of artificial intelligence including consideration of the examination guide for AI,the writing scheme guide of the specification for the patent application for AI,and the preservation system of the artificial intelligence learning completion model as a protection scheme for other artificial intelligence and the learning data protection scheme.