Research On Patentability And Ownership Of Artificial Intelligence Inventions

The development of technology has greatly stimulated the potential of artificial intelligence,the international community has also shown great concern to it.The advent of the era of artificial intelligence has made it impossible to avoid this topic in all fields,so does the legal research.In the field of copyright law,scholars have already discussed the issue of copyright ownership of artificial intelligence works,while the field of patent law is relatively less.From the current situation,artificial intelligence has already had a practical impact on the patent system in many fields such as patent examination and invention creation.In terms of invention and creation,it has gradually transformed from auxiliary tools to independent creation subjects.The invention of artificial intelligence with increasingly independent creation characteristics poses no small challenge to the existing theoretical system of patent law and the operation of the patent system.The patent law must be targeted and perfected.This paper studies the core issue of patentability and rights attribution of artificial intelligence invention,and analyzes whether the patentability of artificial intelligence invention has legal and realistic basis,and whether it can meet the requirements of the patent law on the substantive requirements of patents,and whether we can set up a reasonable tenure system to meet its needs and other issues,the paper starts from the following four parts:The first part is a general analysis of artificial intelligence inventions.Firstly,introduces that the current artificial intelligence has become a research hotspot in various fields under the help of technologies such as neural networks,then introduces the background of the arrival of the era of artificial intelligence.Secondly,analyzes the role of artificial intelligence in the field of invention and creation,then defines the concept of artificial intelligence invention for the convenience and in-depth study of this paper.Finally,introduces the challenges brought by the invention of artificial intelligence to the patent law and the significance of this paper,as well as several issues that this article should focus on.The second part is the analysis of the basis of patentability of artificial intelligence invention,which is discussed from two aspects:academic basis and realistic basis.Firstly,starting from the theoretical basis and value pursuit of patent law,the theoretical basis of the patentability of artificial intelligence invention is demonstrated.Secondly,compares the legislation and case practice of the United States,the European Union,Japan and China,concludes that there is no practical obstacle to the patentability of artificial intelligence invention,and demonstrates the realistic basis of patentability of artificial intelligence invention.The third part is the analysis of the essential elements of patents for artificial intelligence inventions,analyzes the general provisions of the substantive requirements of patents in various countries,then combines with the legislation and practice of each country,analyzes the essential elements of artificial intelligence invention from the aspects of novelty,creativity and practicality,demonstrates that the artificial intelligence invention meets the requirements of the substantive requirements of patents.The fourth part is the analysis of the patent ownership of artificial intelligence invention.Firstly,analyzes the subjective status of artificial intelligence in patent law,which will affect the determination of ownership model.Secondly,discusses the different ideas about the ownership model of artificial intelligence invention,and evaluates each model,then concludes that the service invention model is feasible.Thirdly,demonstrates the owner of artificial intelligence should be the subject of patent right under the service invention model.Finally,discusses the specific rules of patent ownership under the service invention model.