Research On Patent Law Protection Of Artificial Intelligence Invention And Creation

As a new round of industry,artificial intelligence is the core force to promote the development of digital economy.However,the development also brings more thoughts.At present,the invention of artificial intelligence challenges patent law.Because it is based on the characteristics of deep learning,it can automatically generate technical solutions with a certain degree of innovation,that is,inventions.However,it is clear that the innovation achievements with technological research and development should be protected by the Patent Law.Therefore,artificial intelligence can be granted the protection of patent law.In fact it is still controversial.At present,the existing problems are embodied in the following aspects: artificial intelligence lacks the dominant position in patent law,artificial intelligence inventions are not protected objects in patent law,the characteristics of deep learning and efficient generation of technical solutions lead to the failure of the "three standards" for patent examination,unclear ownership of property rights for generating technical solutions,and no division of tort liability.In view of the practical problems,this paper puts forward some countermeasures.First,ensure the public to share innovative knowledge,expand the scope of protection objects of patent law,and grant the protection of artificial intelligence generation invention patent law.Second,guarantee the quantity and quality of patent authorization,give attention to the orderly competition in the market,and give full play to the balanced utility of patent law.Specific means: expand the scope of comparison field of existing technology and improve the "three standards" of patent examination;Objectively identify "non-obvious" and re-draft "ordinary technicians" to meet the requirements of talents with computer complex knowledge and skills,so as to improve their creative standards;Expand the meaning of practicality.Third,the system of ownership of rights,drawing lessons from the protection mode of service inventions,respecting the autonomy of interested parties,and introducing Coase theorem to prove that the property rights distribution mode granted by patents to artificial intelligence users can maximize the total output value and ensure the investment transformation of patents.Fourth,the infringement involved in the invention and creation of artificial intelligence,the programmer of artificial intelligence bears fault liability,and the actual controller of artificial intelligence bears no fault liability.