The Impact And Solutions Of Artificial Intelligence On Patent Subject System

At present,the breakthrough of artificial intelligence has brought great challenge to subject system of patent law.However,as artificial intelligence does not own patent law's subject qualification,the situation of problems such as the identification of the inventors and right ownership of artificial intelligence products has been in a dilemma.How to deal with these challenges and provide support for the protection of the patent law of artificial intelligence products has become an important issue of common concern in the field of patent law.Whether artificial intelligence should be entitled to the patent subject qualification is a problem that must be solved to deal with the impact of artificial intelligence technology on patent law.Apart from the introduction and conclusion,this thesis consists of four chapters,which are divided into three parts,the main contents of which are as follows:The first part consists of chapter II.In this part,the basic theory of patent subject system is combed,and the criterion of judging the qualification of patent right subject is expounded emphatically.At the same time,on the basis of condensed and generalizing the four challenges to patent subject system brought by artificial intelligence generator,it concludes that the urgent task to deal with the impact is to analyze whether artificial intelligence has the qualification of patent subject or not.The second part is composed of chapter ? and chapter ?.This part combs the domestic and foreign theorists and the practical sessions to artificial intelligence patent right subject qualification.After fully absorbing the legal tradition and theoretical foundation behind the positive open attitude and negative cautious negative attitude,the author denies the possibility of artificial intelligence becoming the patent right subject,and demonstrates this conclusion from the legal basis of the subject system of patent law and the actual environment in which artificial intelligence becomes the subject of patent law.The third part consists of a separate list of chapter V.On the basis of denying that artificial intelligence is the main body of patent right,this part responds one by one to the challenge that artificial intelligence brings to the system of patent subject.The product of artificial intelligence shall be protected by patent law and be patentable;The purpose of identifying the inventor is to clarify the ownership of the patent right.Therefore,when there is difficulty in the identification of the inventor,the special provision "do not need to identify the inventor" may be set up.The ownership of the patent right should be discussed directly.There are three innovations in this paper: first,the challenge of artificial intelligence generator to patent right system is summarized.Secondly,the author summarizes the opinions of domestic and foreign scholars on the qualification of artificial intelligence patent body,and then demonstrates the reason why artificial intelligence can not be the patent right subject.Third,it is clear that the key to solve the problem is not how the inventor of the artificial intelligence product should be identified,but how to coordinate the complex benefit relationship generated after the invention of artificial intelligence.On this basis,the author responds to the challenge that artificial intelligence brings to patent body system.