Research On Patent Attribution Of Creation Generated By Neural Network Artificial Intelligence Algorithm

The artificial intelligence(AI)algorithm technology has been significantly developed in recent years,artificial intelligence algorithms have been able to produce creations with novelty,innovation and practicability,which can be regarded as protected patents by the patent law.AI produced creations puts an impact on the patent legal system.The neural network artificial intelligence algorithm is one of the most promising artificial intelligence algorithm implementation solutions.This algorithm is based on big data-driven and self-learning,so that the creation process of the products generated by the algorithm has been largely separated from the algorithm designer.It is necessary to clarify whether the creative product of the neural network intelligent algorithm is patentable,to define the inventor,and clarify the ownership of the patent right of the product.The first part analyzes the dilemma faced by the ownership of the patent right of the neural network intelligent algorithm.In the second part,the overall concept of artificial intelligence algorithm is divided and studied according to the type and principle of the algorithm.The neural network artificial intelligence algorithm can get rid of human intervention and produce inventions and creations independently,while the traditional artificial intelligence algorithm represented by the expert system is not inherently With the characteristics of self-generated inventions and creations,it can only be used as an auxiliary tool for human inventions.It is proposed that when determining the inventor,it should be distinguished and defined according to the type of intelligent algorithm and the contribution of the algorithm to creativity in the process of invention and the degree of involvement of natural persons.The possible patent ownership modes for neural network intelligent algorithm products in the future include the mode of separation of inventor and patentee,the mode of service invention,and conventionalism.The third part proposes algorithms driven by big data such as neural network algorithms.Due to the introduction of a new stakeholder,the data provider,especially when the data provider is the general public,patent regulations and systems should protect the rights and interests of the data provider.It must be protected to prevent giant companies from forming algorithmic hegemony and causing damage to public interests.The fourth part analyzes the frontier exploration of artificial intelligence legislation and artificial intelligence product patent system by legislative bodies and patent management bodies of some developed countries outside the region,which can be used for reference in my country.The fifth part puts forward legislative suggestions.Neural network artificial intelligence algorithms can be prudently identified as inventors.Regulations should clarify the definition of artificial intelligence.In practice,real artificial intelligence needs to be screened and reviewed,and the patent protection of artificial intelligence algorithm products should be appropriately restricted.