| With the rapid development of technology in the field of artificial intelligence in recent years and the high uniqueness and complexity of the technology in the field of artificial intelligence,the intellectual property protection of technological innovation in the field of artificial intelligence has gradually become one of the intellectual property laws New topic.Whether protect technological innovation in the field of artificial intelligence through patent should be the key issue to be solved in this paper.Although artificial intelligence involves a wide range of fields,at this stage,the main force driving the advancement of artificial intelligence lies in the improvement of various artificial intelligence basic algorithms and the combination of these algorithms with specific scenarios.These algorithms are typically executed by general purpose or specialized computer equipment.Through the improvement of the algorithm,the ability of the computer device in certain specific aspects can be greatly improved,and by combining the algorithm with the specific scene,the artificial intelligence can be truly landed and the practical social value can be created.However,in China,patent-pending patents for technological innovations in the field of artificial intelligence,especially in the innovation of artificial intelligence basic algorithms and innovation of artificial intelligence basic algorithms combined with commercial scenarios,there are problems such as logical chaos,backwardness and rigidity of the object review standard,without considering the uniqueness and complexity of AI technology fully,which is far from satisfying the need of the innovation subject for patent protection for technological innovation in the field of artificial intelligence.The review criteria of other countries are also different.Some countries,such as Europe,still adopt a relatively conservative attitude,requiring that technological innovation in the field of artificial intelligence must have technicality to obtain patent protection;while Japan's approach is relatively radical,allowing patents to be applied for artificial intelligence basic algorithms executed by computer device.The USPTO clearly recognized that patents related to artificial intelligence can be patented,but at present,the judgment standards of the post-Alice era are still adopted,and the eligibility of relevant innovations still faces some challenges.On this basis,the article discusses the necessity of technological innovation protection in the field of artificial intelligence based on industrial policy theory and analyzes the rationality of protecting technological innovation in the field of artificial intelligence under the existing legal framework.The article suggests: Under the premise of adhering to the "technical" standard,we should expand the boundary of "technical" in the new era environment.The innovation of this article lies in: combining the main forms of innovation in the field of artificial intelligence technic,the needs of industrial policies and the development trend of artificial intelligence,proposes to expand the "technical" extension,and to " improvement of computer equipment intelligence " as a kind of Under the premise of satisfying the " improvement of computer equipment intelligence ",it is not necessary to over-emphasize the use of natural laws.The corresponding scheme should be directly recognized as a technical solution;here," improvement of computer equipment intelligence" refers to the improvement of the ability of computer equipment to discover the laws,summarize the laws and utilize the laws from the data,and often needs to improve the AI algorithm or apply the AI algorithm innovatively;and this paper puts forward some suggestions on patentability review of AI technology,it is suggested to introduce "principle of good faith" to regulate the behavior of applicants,so as to avoid improper application due to the extension of "technicality" and the poor interpretability of artificial intelligence algorithm.. |
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