Research On Patent Ownership Of Inventions Created By Artificial Intelligence

It is well known that artificial intelligence invention has emerged due to the continuous improvement of artificial intelligence technology.Therefore,clarifying the ownership of patent rights for artificial intelligence invention is not only beneficial to reduce the disputes over ownership and maintain the stability of patent ownership system,but also beneficial to unify the basis of judgment and improve the judicial efficiency.Firstly,clarify the object elements of researching the patent ownership of artificial intelligence invention.In general,invention and creation belongs to a objective factual behavior,which are not subject to the formation process of invention and creation as the examination condition.That is,the artificial intelligence invention can be included in the object category of patent protection as long as it meets the patent examination standard.Moreover,it is necessary to appropriately adjust the existing patent system to ensure better regulation of artificial intelligence invention,such as the legislative purpose of intelligent patent law,the negative examination standard of greening patent law and the positive examination standard of objectifying patent law.Specifically,it shall include the import of “greening” patent value orientation,the introduction of “technical analysis artificial intelligence” and the addition of consideration factor of “natural person intervention” and so on.Secondly,clarify the subject elements of researching the patent ownership of artificial intelligence invention.In fact,there is not any identity between inventor and patentee of artificial intelligence invention.On the one hand,artificial intelligence can become an inventor.That is,the identity of the inventor of artificial intelligence can be affirmed in Patent Law through the flexible interpretation of the concept “inventor”or the addition of the concept “invention machine”.However,giving artificial intelligence the status of inventor does not mean that it has an independent legal subject status.On the other hand,any subject of right can become the patentee.That is,any subject of right who makes creative contribution to the substantive characteristics of artificial intelligence invention can become a patentee,regardless of its identity.Thirdly,design the patent ownership model of artificial intelligence invention.That is,the dual-subject structure in which the inventor and the patentee are separated is adopted.The inventor is any subject who virtually completes artificial intelligence invention,regardless of whether it has the status of legal subject.In contrast,the patentee is a natural person or an aggregation of natural persons that is authorized or recognized by legal procedures,while the objective creative contribution standard is taken as the core to determine which subject or subjects that the patentee is.In addition,it is necessary to comprehensively consider the elements when specifically assigning the ownership of the rights of artificial intelligence invention,including the will autonomy of all parties,the types of artificial intelligence invention and the affirmation of the contribution made by natural person and artificial intelligence.