Research On Patent Law Protection Of Artificial Intelligence Generation Technology Scheme

Technological progress will definitely have an impact on the improvement and development of the system.This impact is clearly manifested in the scope of the patent law as the advancement and leap-forward development of artificial intelligence technology has caused some protection content and rights that need to be protected that were not available in the past to appear.The emergence of these new things will bring various challenges to my country’s patent legal system.In order to balance and coordinate the development of artificial intelligence technology and related systems,it is necessary to conduct timely research on the protection relationship between the patent law and the self-generated content of artificial intelligence.The rapid development of artificial intelligence mainly relies on its deep learning and powerful algorithm technology as a foundation,so that artificial intelligence technology has changed from a tool that assists in invention and creation to one that can independently invent and create.Artificial intelligence technology is represented by machine learning.In the process of generation and use,it greatly increases human’s understanding of nature and also enhances human’s ability to change nature.To some extent,this has changed the path of existing innovation,bringing a lot of benefits to people,but also bringing many challenges to the existing system.To study the content of patent law protection of artificial intelligence generation technology solutions,the first problem to be solved is whether it is patentable.First,from the perspective of necessity,its protection is not only conducive to the protection of private rights,but also conducive to promoting the rapid development of artificial intelligence technology and enhancing the welfare of society.Of course,if they want to obtain the protection of the patent law,they must comply with the relevant provisions of the patent law.From the current point of view,the protection of the patent law for the autonomously generated technical solutions of artificial intelligence fits the legislative purpose of the patent law.Second,from the perspective of legitimacy,the autonomously formed technical solutions of artificial intelligence belong to the "technical solutions" protected by the patent law.Moreover,whether it is to stimulate technological innovation or enhance social welfare,the patent system protects its inventions and creations.The best choice.Third,combining the relevant provisions of the patent protection of artificial intelligence products in several major countries or regions outside the territory,the technical solutions generated by artificial intelligence are included in the protection content of the patent law,which is reasonable and meets the relevant requirements of the patent law.Therefore,after clarifying the substantive requirements and basic theories of patent law protection,it can be known that the artificial intelligence generation technical solution is patentable.At present,there are still some problems in the protection of artificial intelligence generation technology schemes in my country’s patent law.This is specifically manifested in two levels.One is the problem of judging patent authorization.First,it is necessary to clarify whether the technical solution generated by artificial intelligence can be classified as an "invention and creation" under the protection of the patent law,and then analyze the practicality and creativity.Novelty,the three substantive elements of the judgment standards;the second is the problems in the practice of patent examination of the three natures,in the process of patent examination practice,due to the particularity of the artificial intelligence generation technology program,there may be some generated technologies It is difficult for the scheme to meet the criteria of practicality.In addition,the original regulations may not apply to the degree of creativity in the examination,and the dilemma of novelty examination rules and methods.After it is determined that the technical solutions generated by artificial intelligence can be protected by the patent law,the next thing that needs to be paid attention to is the ownership of its patent rights.The key to solving this problem lies in how the law determines the identity of artificial intelligence,whether artificial intelligence is eligible for patent rights,and if not,who should the patent rights belong to.Although artificial intelligence can independently invent and generate technical solutions,whether it can become the subject of patent law and how the rights and interests of other participants in the process of generating technical solutions are divided are controversial.At present,there are a variety of theories,such as natural rights theory,economic return theory,and labor property theory,which provide relatively rich theoretical support for dividing the rights of artificial intelligence autonomously generated technical solutions.Through the exploration and analysis of the patent law protection of artificial intelligence autonomously generated technical solutions,it is understood that there are still some problems and controversies.In order to better eliminate resistance,the generated technical solutions should be fully protected,and it is proposed that the review should be adjusted.Under a series of countermeasures,it hopes to make up for some shortcomings in the existing legal system and solve the review practice.The problems in the process and the resolution of disputes about the ownership of rights,so as to achieve effective protection of the technical solutions generated by artificial intelligence.