| Artificial intelligence has led a new round of technological competition and is hailed as the fourth industrial revolution.With the increasing maturity of artificial intelligence technology,remarkable achievements have been made in fields such as genetic programming and neural networks.Artificial intelligence is an important driving force for industrial development,and the vigorous rise of the industry is a blessing for the public.The intelligence level of artificial intelligence is increasing day by day.While bringing technological benefits,the theory of "taking nature as the subject" of civil law is facing a huge impact,which makes it impossible for intellectual property law to completely cover it.The intellectual property law should comply with the requirements of the development of the times and adopt a more inclusive and open attitude towards artificial intelligence,which will be more conducive to stimulating the progress of science and technology and the prosperity and development of society.This article takes artificial intelligence generation technology solutions as the research object,aiming to explore possible solutions for obtaining authorization for artificial intelligence generation technology solutions within the basic theoretical and institutional framework of the Patent Law.The primary issue is to sort out and evaluate the doubts about the patent protection of artificial intelligence generation technology solutions.Exploring the patentable basis of artificial intelligence generation technology solutions from the perspectives of legal theory and practical needs,based on the legislative purpose of patent law;By comprehensively comparing the current legal protection status of artificial intelligence patents outside the region,this paper explores the possibility and necessity of using artificial intelligence generation technology solutions as patent objects.On this basis,feasible suggestions are proposed for the protection of patent law for artificial intelligence generation technology solutions.Specifically,this article is divided into five parts to discuss:In the first part,firstly,by clarifying the concepts related to artificial intelligence,the concept of artificial intelligence generation technology solutions is clearly defined.Artificial intelligence generation technology solution refers to a technology solution independently invented and created by artificial intelligence based on algorithms and data storage,which can solve technical problems.Secondly,summarize the characteristics of artificial intelligence generation technology solutions,compare the differences between artificial intelligence generation technology solutions and natural person inventions,and lay the foundation for the patentability argument of artificial intelligence generation technology solutions in the following text.The second part sorts out and evaluates the reasons for the doubts about the patent protection of artificial intelligence generation technology solutions.Firstly,in terms of patent objects,the artificial intelligence generation technology solution conforms to the provisions of Article 2 of the Patent Law and is far from the provisions of Articles 5 and 25 of the Patent Law;However,there is a huge gap between artificial intelligence and the theory of "natural person as the main body" in civil law,which makes it impossible for patent law to fully cover the technical solutions generated by artificial intelligence.Secondly,the impact analysis of artificial intelligence generation technology solutions on the current patent authorization judgment standards: The current patent authorization judgment standards are established to respond to natural person inventions and creations,and the particularity of artificial intelligence can easily meet the current patent authorization judgment standards.Therefore,the current patent authorization judgment standards cannot make effective judgments on the "three characteristics" of artificial intelligence generation technology solutions.Thirdly,analysis of the challenges posed by the patentability of artificial intelligence generation technology solutions to the patent ownership system:The ownership issues faced by artificial intelligence generation technology solutions mainly revolve around the allocation of patent rights between artificial intelligence and natural persons.Firstly,there is controversy over the "identity" positioning of artificial intelligence itself,and it is questionable whether it can become an inventor;Secondly,in the entire process of the generation of artificial intelligence itself and the generation of technical solutions for artificial intelligence,there is a great controversy over the allocation of ownership due to the involvement of numerous entities.The third part is an argument to break through the doubts about the patent protection of artificial intelligence generation technology solutions.Exploring the patentable basis for artificial intelligence generation technology solutions from two dimensions: legal theory and practical needs.First of all,based on the legislative purpose and purpose of the Patent Law,theoretical theories are used to seek theoretical basis for the patentability of AI generation technology solutions,that is,from the perspective of utilitarianism,property rights labor theory,patent personality right theory,industrial policy theory,and incentive theory,the patentability of AI generation technology solutions is analyzed and demonstrated from both sides.Secondly,based on the development background of artificial intelligence,a detailed analysis is conducted on the practical need for patentability of AI generation technology solutions.It can be concluded that patentability of AI generation technology solutions is an inevitable requirement of the times.Through the analysis of legal theory and practical needs from two dimensions,the patentability of artificial intelligence generation technology solutions is demonstrated,thereby further confirming the patentability and feasibility of artificial intelligence generation technology solutions.In the fourth part,by reviewing the current legal protection status of artificial intelligence patents in developed countries such as the United States,the European Union,and Japan,a comprehensive comparison is made between foreign practical experience.On this basis,further explain whether the artificial intelligence generation technology solution has the possibility of becoming a protected object of patent law.According to the legal regulations and case guidance of the United States,the European Union,and Japan,it can be seen that the artificial intelligence generation technology solution meets the patentable theme.This also once again indicates that the patentability of artificial intelligence generation technology solutions is feasible,and provides reference experience for the establishment and improvement of China’s artificial intelligence patent system.The fifth part,after the previous discussion,confirms the patentability and feasibility of the artificial intelligence generation technology solution.Based on this,in order to address the impact and challenges of artificial intelligence on the current patent authorization judgment standards and patent ownership system,an idea of the patent law protection system for artificial intelligence generation technology solutions is proposed.Firstly,based on Article 22 of the Patent Law,optimize the criteria for determining patent authorization.Specific optimization suggestions include expanding the scope of existing technology,improving the technical level of general technical personnel,and strengthening the disclosure obligations of rights holders.Secondly,the improvement of ownership system: AI operators are the inventors of AI generated technical solutions;In terms of patent ownership,according to the Balance theory theory,comprehensively considering the interests of all parties,it is proposed to establish the ownership system with investors as the core under the autonomy of will based on the particularity of the AI generated technology scheme. |
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