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Research Of Patent Protection Of Artificial Intelligence Generation Technology Solution

Posted on:2024-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:K N XianFull Text:PDF
GTID:2556307145485184Subject:legal
Abstract/Summary:PDF Full Text Request
The current world is in the era of rapid development of artificial intelligence,where artificial intelligence algorithms are constantly iteratively updated.Through algorithmic models such as data mining and deep learning,artificial intelligence has gradually developed the ability to generate technical solutions.The processing ability has also evolved from passively accepting human input instructions to completing specified tasks,and now has a certain degree of autonomy and reasoning and judgment ability,Even venturing into the field of invention and creation that reflects human innovation capabilities.At the same time,the artificial intelligence generation technology solution has brought enormous challenges to the current patent system.Firstly,whether the artificial intelligence generation technology solution belongs to the "patentable theme" of the patent system,secondly,whether the artificial intelligence generation technology solution meets the "three characteristics" patent authorization standards,and thirdly,whether the artificial intelligence can enjoy patent rights and identity ownership regarding its generation technology solution.Based on the patent protection issues faced by current artificial intelligence generation technology solutions,this article aims to explore the theoretical possibility of providing patent protection for artificial intelligence generation technology solutions under the existing patent system,and with the goal of promoting the development of artificial intelligence,establish a more suitable civil legal system and patent examination system.This article mainly discusses the patent protection issues of artificial intelligence generation technology solutions from the following four aspects:The first part is the introduction.This section mainly introduces the research background and current research status at home and abroad,laying the foundation for further analysis of the patentability and ownership of artificial intelligence generation technology solutions in the future.At the same time,it emphasizes the theoretical analysis based on the state stage of artificial intelligence development.The second part is the dilemma of patent protection system for artificial intelligence generation technology solutions.This section mainly clarifies that the artificial intelligence generation technology solution refers to the technology solution formed by artificial intelligence through embedded algorithms,and also refers to the numerous problems faced by the artificial intelligence generation technology solution in the current stage.The third part is the patentability analysis of artificial intelligence generation technology solutions.Firstly,explore the necessity of obtaining patent protection for artificial intelligence generation technology solutions,and based on this,analyze whether the generation technology solution belongs to the "patentable theme" of the patent system.Then,combined with the difficulties of the patent protection system,determine the standards for novelty,creativity,and practicality patent authorization to clarify that the artificial intelligence generation technology solution meets the substantive requirements of the patent protection system.The fourth part is an analysis of the ownership of artificial intelligence generation technology solutions.Firstly,demonstrate and analyze the ownership objects of generative technology solutions recognized by traditional fundamental theories such as Locke’s theory of labor property rights,Hegel’s theory of personality rights,and modern incentive theory.Next,based on traditional basic theories and patent systems,analyze the ownership of rights for participants other than artificial intelligence,and clarify the optimal ownership model under the current patent system.Finally,in order to promote the innovation and creation of artificial intelligence,the possibility of artificial intelligence becoming the subject of rights is analyzed.The fifth part is suggestions for institutional improvement of artificial intelligence generation technology solutions.On the one hand,it is proposed to introduce artificial intelligence to assist in patent examination in response to the additional patent costs and complex patent examination situations caused by the generation of artificial intelligence technology solutions.On the other hand,in view of the possibility that AI can obtain patent rights,the system idea of adding "e-man" legal fiction personality and the relevant right agency system are proposed.
Keywords/Search Tags:Patent Rights, Artificial Intelligence Algorithms, Legal Fiction Personality, Cyborgs
PDF Full Text Request
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