Research On Patent Law Protection Of Invention Created By Artificial Intelligence

With rapid development in artificial intelligence technology,artificial intelligence began to rely on the ability of data collection,analysis and calculation to create invention.The progress of the technology of the invention created by artificial intelligence has transformed artificial intelligence from an object of invention to an inventor,and from an auxiliary tool of invention to an inventor.The change of role has posed many challenges to the current patent law:first,Whether the invention created by artificial intelligence can be included in the protection scope of the patent law;Second,whether artificial intelligence can become the inventor in the patent law and enjoy relevant rights and fulfill corresponding obligations.Faced with the current legal dilemma of invention created by artificial intelligence,this paper aims to explore the possibility of patent law providing legal protection for these inventions,and tries to construct a systematic and perfect patent law protection mechanism.This paper is divided into four parts,which are briefly described as follows:The first part,as an introduction,mainly introduces the background and purpose of the topic,research ideas and methods,as well as the Protection status and research achievements of invention created by artificial intelligence at home and abroad.In order to clarify the importance of constructing a protection model in line with the national conditions.The second part discusses the patentability of invention created by artificial intelligence.Firstly,it discusses whether the invention created by artificial intelligence has legal basis and legitimacy,which conforms to the definition of invention patent law.On this basis,to discusses whether the invention created by artificial intelligence Conform to the conditions of patent grant in terms of novelty,creativity and utility.To clarify the theoretical basis and essential conditions for the invention created by artificial intelligence to be included in the patent law protection mechanism.The third part discusses the patent right ownership.On the one hand,whether artificial intelligence can serve as the inventor and how does the patent right belong to.On the other hand,Other civil subjects in the invention created by artificial intelligence,such as creators,data providers,manipulators and owners of artificial intelligence.Combined with the analysis of artificial intelligence and civil subjects,through the study of the right ownership model of invention created by artificial intelligence at home and abroad,we can choose and construct the right ownership mode of artificial intelligence generation and invention suitable for our country.The fourth part,on the basis of clarifying the patentability and ownership of patent rights of the invention created by artificial intelligence,puts forward suggestions for improving the patent law protection mechanism of the invention created by artificial intelligence.It mainly includes the construction of the right ownership mode of the invention created by artificial intelligence,the data protection and sharing mechanism of artificial intelligence,and the patent protection mechanism of artificial intelligence and its algorithm.