Research On Patent Protection Of Artificial Intelligence Algorithms

In recent years,artificial intelligence technology has been changing rapidly and has had a profound impact on social progress,economic construction and human life,showing great commercial potential and considerable development prospects,and has become a strategic technology leading the future.However,the protection of intelligent algorithms has not kept pace with their development,and there are still some questions about the value of patentability of intelligent algorithms.From current domestic and international examination practice,there are indeed examples of patents granted for intelligent algorithms specifically applied to specific fields,but only for a small number of algorithms,the majority of which remain unpatented.We should recognize that the patent system and technological innovation go hand in hand,with technological innovation giving rise to changes in the patent object,and changes in the patent object stimulating technological innovation.The patent system should make reasonable adjustments to the patent examination standards in accordance with the realistic developments in order to improve the patent protection of intelligent algorithms and thus achieve the overall development goals of the artificial intelligence industry.The first chapter reviews the research value of patent protection for intelligent algorithms in the light of the current development of intelligent algorithms,the purpose and significance of patent protection for intelligent algorithms,the current state of research on patent protection for intelligent algorithms at home and abroad and the research ideas of this paper.The second chapter includes the concept and characteristics of intelligent algorithms,and through distinguishing intelligent algorithms from traditional algorithms,dispels doubts on the patentability of intelligent algorithms,analyses the social value of patent protection for intelligent algorithms,and argues for the justification and necessity of patent protection for intelligent algorithms from a theoretical perspective.The third chapter summarizes the problems of imperfect systems and very limited protection of intelligent algorithm patents in the United States,Europe and other countries as well as in China by reviewing the institutional arrangements and examination practices of patent protection for intelligent algorithms.The fourth chapter looks at the object limitations of intelligent algorithm patents and the constraints of the substantive element standard for examination of algorithm patents to reveal the dilemma that intelligent algorithm patent protection is faced with object limiting factors such as rules and methods of intellectual activity and computer programs and the novelty,inventiveness and utility element examination standards.The fifth chapter on the basis of the foregoing,proposes to clarify the relationship between intelligent algorithms as patent objects and objects such as rules and methods of intellectual activity and computer programs,and proposes to moderately adjust the three-characteristics examination standard in order to improve the patent protection of intelligent algorithms.