Research On The Patent Protection Of The Invention Generated By Artificial Intelligence

The concept of artificial intelligence was born in 1956,more than 60 years ago,especially in the last 20 years,the rapid development of artificial intelligence technology is completely beyond people’s original vision.Now,artificial intelligence has gradually changed from the role of auxiliary invention to the role of leading invention,and can even "oneself" independently generate invention-creation,which makes the current patent examination and protection in China into a certain dilemma.About the protection of the invention patent of artificial intelligence,the purpose of this paper is to examine whether the invention of artificial intelligence belongs to the Chinese patent law protection object,on this basis,to explore the invention patent holder and "inventor",finally put forward relevant perfect Suggestions,to adapt to the current rapid development of artificial intelligence technology.This paper mainly discusses and discusses the patent law problems and related suggestions caused by artificial intelligence generation invention from five aspects.The first part is the introduction.The introduction mainly tells the background and significance of the topic,the patent protection of artificial intelligence invention at home and abroad,and the research methods and main innovations adopted in the article,so as to lay a foundation for the following discussion of the patent availability of artificial intelligence invention and the appropriate suggestions to improve the patent legislation.The second part is the dilemma of the protection of the invention patent created by artificial intelligence.Firstly,starting from the concept of "invention",whether the invention of artificial intelligence can belong to the "invention" stipulated in the patent law.Secondly,the analysis of artificial intelligence generation invention challenges the "three characteristics" stipulated in the existing patent law.Finally,the dispute over the ownership of the patentee and the "inventor" in the ai invention achievement is discussed.The third part analyzes the patentability of inventions generated by artificial intelligence.Firstly,taking the theoretical basis of patent law as the starting point,the generative invention can become the object of patent law protection.Firstly,the legislative purpose of patent law,and secondly,the artificial intelligence generation belongs to the scope of patent theme.Secondly,starting from the novelty,creativity and practicability of the patent law,namely "three characteristics",the artificial intelligence generated invention meets the requirements of "three characteristics" of the patent law.Again from the patent exclusion field stipulated by the patent law.Finally,it discusses the shortcomings of its invention if protected in the way of trade secrets.The fourth part is divided into the patent ownership analysis of inventions generated by artificial intelligence.First of all,the theoretical disputes on the patent ownership of artificial intelligence generated inventions are discussed,including designers,investors and users.On this basis,the equity sharing mechanism of the patent is analyzed.Then,from the perspective of the "inventor" and the patentee of the invention,the artificial intelligence itself cannot be the patentee under the existing patent law framework,but it is feasible as the "inventor".Finally,it discusses the legal requirement rules that artificial intelligence can become an "inventor".The fifth part is to improve the protection system of artificial intelligence invention and creation.First of all,the interpretation of "invention" should be expanded,and then starting from the "three characteristics" stipulated in the patent Law,the patent examination standards of artificial intelligence generated invention should be proposed.It should be improved,the novelty examination method should be improved,the creative examination standards should be improved,and the green principle should be introduced in the practicality.In addition,it is suggested that ai users should be regarded as the patentee,and artificial intelligence should be regarded as the "inventor",and its rationality is discussed.