Research On The Criterion Of Patent Fitness For Artificial Intelligence

This is an era of innovation.Artificial intelligence is leading a new round of technological and industrial revolution.The rapid development of artificial intelligence has changed our way of work,life and interconnection,and it has been widely spread in the fields of commercial retail,medical health,finance and so on.Artificial intelligence has become a strong driving force for technological innovation and economic growth.Big data,algorithm and computing power are the three driving forces for the development of artificial intelligence.Big data is the foundation,computing power provides energy,algorithm is the engine,all of which are artificial intelligence.Patent and science and technology are inseparable.Patent system is still the most effective way to protect technological innovation and promote the development of science and technology.Artificial intelligence is inseparable from big data,algorithm and computing power,and also inseparable from patent protection.Stepping into the threshold of patent access and obtaining patent qualification is the first step.Compared with computing power and hardware,hardware is only a carrier for big data and algorithm.Because it is completely independent of the entity and has its own abstract and thinking steps and other natural attributes,there are many fuzzy areas in the judgment of patent eligibility,which will further affect the development and progress of technology.This paper introduces the definition of artificial intelligence,big data and algorithm,the development history of artificial intelligence and the technical characteristics embodied in the way of intelligent realization,combs the changes of patent subjects involved in artificial intelligence,analyzes the status quo and problems of the patent qualification of artificial intelligence in China.By comparing with the judicial practice and relevant regulations of the qualification of artificial intelligence patent in the United States,this paper puts forward the suggestion of the qualification judgment standard of artificial intelligence patent in China,that is,based on the combination of technology practice and patent basic theory,starting from the nature of technology and the object attribute of patent protection,by abandoning the preconceived experience rules in the traditional industrial field and observing the artificial intelligence in depth The essence of intelligent technology,the interpretation of natural laws and other key terms,the balance of interests and protection are four aspects to build clearer and specific rules for judgment and application,improve the stability and predictability of the subject of patent eligibility,and promote the development of China's artificial intelligence industry technology.