Research On Patentability Of AI Algorithms

With the rapid development of computer learning,human-computer interaction,pattern recognition,and other artificial intelligence technologies,the general trend of artificial intelligence has become unstoppable and will be an important wind vane for the development of science and technology in China in the 21 st century.In 2015,the first year of intelligent machines,and in 2022,relying on industry databases and extensive research,the Shenzhen Association of Artificial Intelligence continued to play its role in industry statistics and research,conducting in-depth research on the scope of artificial intelligence,industry development overview,basic elements,business models,application scenarios,and future development trends,forming the "2022 White Paper on the Development of Artificial Intelligence."."2022 White Paper on the Development of Artificial Intelligence" mainly focuses on the field of artificial intelligence,introducing the status of the artificial intelligence industry and its future development direction.It comprehensively summarizes the basic elements,functional models,and usage environment of artificial intelligence,and predicts the future trend of the field of artificial intelligence.The investment in the field of artificial intelligence at home and abroad has repeatedly proven that artificial intelligence will become the new trend of the industry in the next decade.Just as the first and second industrial revolutions completely subverted the human world,artificial labor is bound to set off a new industrial revolution that will affect the way people live.We should be concerned that while AI is changing people’s lives,it is also continuously impacting the existing legal system,and legal issues related to AI are increasingly exposed.As an emerging thing,artificial intelligence has been widely popularized in our lives,and the legal system inevitably lags behind.The legal system related to artificial intelligence still needs to be discussed and improved.The patentability of artificial intelligence algorithms is an unavoidable issue in the era of artificial intelligence.From the perspective of artificial intelligence algorithm protection,although countries around the world have protected traditional computer algorithms as the object of patents,the rapid development of artificial intelligence in recent years has posed challenges to patent protection.Due to the huge differences between artificial intelligence algorithms and traditional computer algorithms,the question of whether they are patentable and how to conduct substantive review are issues that need to be addressed.Due to the significant technical differences between artificial intelligence algorithms and traditional computer algorithms,the existing legal system is not suitable for patent protection.Currently,there are few laws related to the protection of artificial intelligence algorithms in China.According to the provisions of the Patent Law,artificial intelligence algorithms are easily excluded from the object scope of patents.In China,the protection of algorithms as a patent object was implemented in the "Guidelines for Patent Examination(2020)" in 2020.This has to some extent responded to the hotly debated issue of AI algorithm patents,but the "Patent Examination Guide(2020)" adopts technical attribute standards,excluding AI algorithms that do not contain technical solutions from the patent object,which is not conducive to the development of the AI industry.In order to more effectively promote the development of the artificial intelligence industry and protect artificial intelligence algorithms,this article,based on a patent perspective,analyzes the innovation and shortcomings of patent protection for artificial intelligence algorithms at home and abroad,and solves the problems in the process of patenting artificial intelligence algorithms.The article mainly addresses two major issues.The first is whether artificial intelligence algorithms can be used as patent objects,and the second is how to review them as patent objects of artificial intelligence algorithms.Firstly,in order to solve the above two problems,the patentability of artificial intelligence algorithms is verified.The artificial intelligence algorithm has its own technical attributes and has a patentable technical foundation;As an intellectual achievement of human beings,artificial intelligence algorithms have property attributes and a patentable theoretical basis;Patenting artificial intelligence algorithms is also an economic and social foundation that meets the requirements of China’s new era of industrial integration and development,and has patentability.Secondly,according to China’s patent related legal system,it is demonstrated that artificial intelligence algorithms can be used as patent objects.By examining the traditional methods and standards for protecting patent objects in China,the feasibility and necessity of using artificial intelligence algorithms as patent words are clarified.Of course,after clarifying the attributes and patent objects of artificial intelligence algorithms,this section discusses some content that should be excluded from protection.This paper discusses the scope of artificial intelligence algorithms as patent objects in practice.Finally,a flexible review method is proposed for the substantive review of artificial intelligence algorithms.Examination of novelty,creativity,and practicality is a prerequisite for patent protection.Aiming at the unique characteristics of artificial intelligence algorithms,suggestions are made for adjustments to their novelty,creativity,and practicality in order to better assist in patent examination of artificial intelligence algorithms.The article is committed to balancing the development of artificial intelligence algorithms and the interests of the public with a patent protection system,with a view to safeguarding the development of China’s artificial intelligence industry.