Research On The Invention Subject Qualification Of Artificial Intelligence

Advanced tools make advanced intelligence,advanced intelligence and more advanced tools.The driving force of innovation is gradually changing from a human researcher to an artificial intelligence.By analyzing the existing artificial intelligence invention examples and their creation process,it can be found that artificial intelligence is not only"artificial objects"but also the identity of"creator".This problem has also attracted the attention of scholars in the intellectual property field.Taking the challenge of artificial intelligence to intellectual property legal rules in recent years as the reference material,the impact of artificial intelligence on the subject of invention is taken as the research direction,and the difference between artificial intelligence and different categories of human beings is analyzed,and the reasons for the difference and rationalization are explored.Solve the path,and answer the questions about the rationality of the identity of the inventor of artificial intelligence and the fairness of the distribution of patent benefits of artificial intelligence inventions.In view of the status quo of the protection of the invention body of artificial intelligence inventions,drawing on the experience of foreign institutions and legislative practice,applying the human rights ethics system and doctrine and following the principle of"minimization"and"procedural principle",the artificial intelligence of ANI stage and AGI stage is clarified as invention.The subjectivity and rationality of the subject believe that the recognition of the legal subject of the non-natural person is not the same as treating it as a human being.The two are not comparable in nature,that is,the scope of the legal subject cannot be limited to natural persons.The legal status of artificial intelligence in the ANI stage and the AGI stage is proposed to apply the interpretation of"secondary legal personality"and"personal plus".At the same time,although the ability to create is inseparable from artificial intelligence,the ability to use still depends on the enthusiasm of human beings.It is recommended to apply the service invention system,rationally divide the patent ownership relationship through a series of rules,and promote the cooperation between artificial intelligence and human beings.The aim is to combine intelligent capital with physical capital and finally achieve the seamless connection of the new invention model.