Research On The Patentability Of Artificial Intelligence Generated Technology Solution

With the rapid development of artificial intelligence,it has penetrated into various fields,and also the field of patent rights.At this stage,most of them still play an auxiliary role in the process of generating technical solutions,and can operate independently in few fields where artificial intelligence technology is more mature,but with the further deepening of technology,artificial intelligence will generate technical solutions in various fields in a cooperative or independent way,can these technical solutions be under the protection of the patent law? Can artificial intelligence be the subject of patent right? How to identify inventors and patentee,how to allocate rights and responsibilities,and other issues will follow.In order to deal with a series of problems brought by the development of artificial intelligence,this paper intends to conduct a theoretical analysis of the above-mentioned problems and propose some effective solutions.At the first beginning,this article intends to conduct research from the definition and characteristics of artificial intelligence and its generation technology solutions,and after understanding artificial intelligence and artificial intelligence generation technology solutions,compare the similarities and differences between their generation technology solutions and traditional technical solutions.On this basis,its particularity is clarified.Secondly,through the analysis of examples in front-end fields of artificial intelligence such as gene programming,in order to illustrate the practical needs of patent protection of technology solutions generated by artificial intelligence.Thirdly,starting from the traditional theory of patent legitimacy,using the method of legal interpretation,this paper conducts theoretical reflection on the theory of "natural rights" and "innovation incentives",so as to provide certain theoretical support for the patent-ability of technical solutions generated by artificial intelligence.After affirming its patent-ability,we have made some adjustments to the "three characteristics" of the patent authorization judgment standard and the authorization system in view of the particularity of artificial intelligence.Then,using the method of legal fiction,we incorporate artificial intelligence into the inventor system of the "Patent Law",which provides a theoretical starting point for the patent-ability of its generated technical solutions.Finally,in order to prevent patent holders from using artificial intelligence to generate technical solutions to engage in unfair competition or monopoly,and to maintain the balance of patent development after technical solutions enter the public domain,countermeasures and suggestions for building a risk prevention mechanism are proposed.The main innovations of this paper are:(1)The creation of patentability standards for AI-generated technology solutions.(2)Institutional design for the introduction of artificial intelligence as inventors.(3)Establish rules for the distribution of powers and responsibilities based on autonomy of will.(4)Set up a risk prevention mechanism led by demand factors and patent standardization as the means.In summary,this paper comprehensively uses legal methods to demonstrate the patentability of AI-generated technical solutions through patent examination standards,inventor subjects,patent rights and responsibilities allocation,etc.,so as to provide reference for the patentability research and legislative and judicial practice of AI-generated technical solutions.