Research On Patent Protection Of Artificial Intelligence Production

The progress of artificial intelligence technology has brought many unavoidable problems to various industries,as well as legal research.Compared with the field of copyright law,scholars have less research on artificial intelligence in the field of patent law.However,from the current situation,artificial intelligence has gradually changed from an auxiliary tool to a subject of independent innovation,and its production results have become more and more independent,which has caused a series of problems to the existing patent law theoretical system and legal system operation,which should be further improved.The core of artificial intelligence is to borrow computer to imitate the modern intelligent activities of human's related thoughts,cognition and judgment.The results of artificial intelligence generation include: the first is the results of artificial intelligence as a machine,only as an auxiliary operation.The second type is the automatic production of artificial intelligence with little or no human intervention.The second is the research object of this paper.Through legal analysis and reality,it is necessary to clarify the basis of obtaining patent protection for the production of artificial intelligence,so as to demonstrate the patentability.As long as the technical income belongs to the technical scheme guaranteed by the law and stipulated by the written regulations,it can be regarded as the object of action of the invention patent.In the face of the question whether the generated results of artificial intelligence can be included in the protection scope of the patent law,the first consideration should be whether the generated results of artificial intelligence can be recognized as the conditions of legal patent.By analyzing the new,creative and practical performance of the generated results,it is concluded that the generated results of artificial intelligence are in line with the conditions of patent granting.If artificial intelligence is the object of patent right,the patentability of artificial intelligence production can be demonstrated,but if artificial intelligence is regarded as "inventor",it is not rigorous.Starting from the "dual subject structure",this paper divides the patent subject qualification of artificial intelligence into inventor and patentee.After proving that artificial intelligence can be the inventor of the product but not the patentee,it presentsthe view that there are different ownership modes and specific ownership of rights.Then according to the actual situation,combined with the relevant analysis,the author puts forward the view of the choice of the mode of patent ownership in the emerging stage.After the patentability of AI production and the ownership of rights are summarized,the specific legislative suggestions on the patentability of AI production are put forward in combination with China's national conditions,legislation and practice.Under the background that artificial intelligence is widely used in our life,we should not only face the problems caused by the advancement of science and technology,but also lay a solid foundation in its academic theory,and improve it from the perspective of laws and regulations.