Research On Patentability Conditions In The Era Of Artificial Intelligence

The arrival of the era of artificial intelligence will not only change our way of life,but also herald a new round of technological revolution,and bring many new opportunities and challenges for legal regulation.The artificial intelligence technology has been continuously upgraded and developed.Under certain conditions,it has already possessed the ability to create independently.Whether the artificial intelligence invention results can be protected by the patent law is still controversial,which has brought impact to the existing patent system.The patentability conditions in the era of artificial intelligence should integrate the characteristics of the artificial intelligence era and the status quo and problems of China’s patentability conditions,and make corresponding improvements in light of the relevant experience of other countries.In terms of object conditions,when the artificial intelligence invention meets the conditions of patent law protection,it should not be excluded because of its production method.In terms of substantive conditions,the novelty,creativity,and practicality requirements of artificial intelligence inventions should be different from ordinary human inventions,especially in the identification of “prior art” and“technical personnel in the field”.In addition,in the era of artificial intelligence,with the improvement of the level of science and technology,the substantive conditions of the patentability of ordinary human inventions should also change.In terms of subjective conditions,artificial intelligence cannot and does not need to be the subject of patent rights.A user-centered rights system should be established to clarify the rights relationship between designers,owners and users.This article is divided into five chapters.The first chapter is the introduction content,introducing the research background and significance,research status at home and abroad,research methods and innovation points.The second chapter is an overview of the era of artificial intelligence and patentability.The rapid development of artificial intelligence will lead to new changes in the whole society.The first section of this chapter introduces the concept and characteristics of artificial intelligence,reveals the social scenes of the artificial intelligence era,and the differences with contemporary society.The third section is based on current legal norms and academic views.Introduce the connotation and extension of patentability conditions.The second chapter is the challenge of China’s patentability conditions in the era of artificial intelligence.The patent law is a law that is greatly influenced by the degree of development of science and technology.The social background of theartificial intelligence era faces many challenges.This chapter is divided into three sections from the object condition,the substantive condition and the subject condition.The fourth chapter is the experience of the patentability conditions of typical countries and regions.The United States,Europe,and Japan are not only highly advanced in science and technology,but also in legal practice and related legislation.This chapter will combine the legal norms of the United States,Europe and Japan,academic views,typical cases,etc.,to analyze the characteristics of patentability conditions in typical countries and regions,and summarize the experience.The fifith chapter is the suggestions for improving the patentability conditions in China in the era of artificial intelligence.This chapter will combine the problems encountered in the development of patentability conditions and the challenges brought by the era of artificial intelligence,draw on the advanced experience of typical countries and regions,and propose improvements.