| Artificial intelligence-generated inventions are inventions that are generated by artificial intelligence and do not contain the substantial contributions of human beings.Its notable features are low intelligence costs,coverage of multiple technical fields,and low quality.As far as artificial intelligence-generated inventions are concerned,the current creativity standards have two defects: one is that they have a single scope for the "closest existing technology",and the other is that they have low requirements for the technical level of "skilled persons in this field." The former does not match the characteristics of artificial intelligence generation inventions covering multiple technical fields,and the latter does not match the generally higher technical level of the invention subjects in the artificial intelligence generation invention field.As a result,there are two problems in the field of artificial intelligence-generated inventions:patent examination backlog and patent right abuse.Making corresponding adjustments to the standards of creativity in accordance with changes in the general technical level in the technical field has both legal legitimacy and a social reality basis.Jurisprudentially,granting patents for artificial intelligence-generated inventions is in line with the system purpose of the Patent Law to promote technological progress;in social reality,artificial intelligence has improved the general technical level in the field of artificial intelligence-generated inventions.By improving the current creativity standards for the technical level of "skilled in this field" and the scope of "existing technology",it will help "skilled in this field" to retrieve the "closest prior art" more quickly and effectively balance Artificial intelligence generates the monopoly interests and social public interests of patentees in the field of invention technology,and solves the problems of patent examination backlog and patent rights abuse from the root. |
PDF Full Text Request