Research On Artificial Intelligence Generating Invention Patent Protection

Artificial intelligence is the trend of science and technology development in the world today.Artificial intelligence technology is advancing with the day.The improvement of science and technology level will inevitably bring about a change in the patent law system.At present,artificial intelligence has realized the invention of inventions independently without human intervention.Therefore,the rapid development of artificial intelligence technology poses many challenges to China's patent law.At present,China has not provided legal protection for artificial intelligence-generated inventions,nor has it accepted patents for artificial intelligence-generated inventions.Despite the controversy of many hot issues and institutional obstacles,it is a clear trend to provide protection for artificial intelligence-generated inventions as smart technologies continue to advance.Can artificial intelligence-generating inventions be protected by patent law;who should own the patent right for artificial intelligence-generating inventions;and how to protect artificial intelligence-generating inventions under the framework of China's patent law The problems that need to be faced under the impact of rapid development.This article introduces the nature of artificial intelligence and the currently mature smart technologies.Have a relatively comprehensive understanding of artificial intelligence generative inventions,analyze the particularity of artificial intelligence generation inventions,and clarify their differences from natural person inventions.From the perspective of actual needs,legal basis,and essential examination elements,the patentability of artificial intelligence-generated inventions is analyzed to confirm that it is necessary and feasible to grant patents.Under the premise of granting patent protection for artificial intelligence-generated inventions through the patent law,it is clear that artificial intelligence itself cannot become a patentee,and it is still necessary to return the patent right to a natural person.Analyze the civil subjects related to artificial intelligence-generating inventions,and select the owner of artificial intelligence as the patentee of artificial intelligence-generating inventions.According to the research and demonstration,reasonable countermeasures and suggestions are put forward to protect artificial intelligence generated inventions in practice,and provide ideas for adjusting China's patent law to protect artificial intelligence.