Research On Subject Qualification Of Artificial Intelligence Generating Patent

Artificial intelligence is not a simple program or a robot in stereotype.It is a very sophisticated and intelligent algorithm.From the perspective of the historical evolution of artificial intelligence,the role of the role,the strength of the function,and the technical connotation,this paper aims to Analyze and explore the latest,third-level,weak intelligence and strong intelligence,artificial intelligence in the patent field.In this research field,artificial intelligence is creative,random,independent,intelligent,evolutionary,two-way.Eight characteristics of connectivity,efficiency accuracy and freedom.At the theoretical foundation level,artificial intelligence faces challenges in patent acquisition,patent protection scope,patent validity,patent infringement,patent administrative system and social ethics,through the theory of Roman law,labor property theory,social contract theory,interest balance theory,and utilitarianism.Based on these five theories,it analyzes and demonstrates whether artificial intelligence can be used as a patent inventor and patentee.Different theories have different test results,and artificial intelligence has different attitudes as patent inventors and patentees..However,with the continuous development of society and economy,the legislative theory will change accordingly.By introducing the three-level system of intellectual property rights,the whole society will be divided into three levels: the surface legal rule system,the middle four principles system and the bottom theoretical system.It is possible to effectively include the different evidences of Roman law,labor property theory,social contract theory,interest balance theory,and utilitarianism in a system.The changes in the underlying theory will not affect the changes in the legal system of the surface.It is of great importance to the legislative,judicial and administrative levels.Through the analysis of the practice of extraterritorial practice,there are differences in the performance and attitudes of the United States and Europe from the perspective of patent institutions,policy rules,jurisprudence of artificial intelligence subjects and legislators.By combing China’s current legal system and demonstrating the necessity of China’s legal system for artificial intelligence,the path selection of artificial intelligence patent research and development subject is established.From the perspective of artificial intelligence as a patent inventor,it is necessary to expand the scope of disclosure of patent applicants,improve the criteria for reviewing novelty and improve the standards for creative examination;from the perspective of artificial intelligence as a patentee,a quasi-legal system should be established,which is the legal responsibility of artificial intelligence.Prepare and prepare for the emergence of possible artificial intelligence behaviors in the future,provide theoretical foundations in the exploration of the theory and practice of "electronic personality",provide theoretical and institutional guarantees for the artificial intelligence technology industry,and strengthen the artificial intelligence industry.Develop and revitalize and promote the rapid development of the economy.