Research On The Patent Ownership Of Artificial Intelligence

With the rapid development of artificial intelligence technology,it has made creative contributions to inventions in many fields,such as genetic programming,which means that patent law has to face the problem of how to deal with this kind of invention.This paper discusses the attribution of artificial intelligence invention in four parts:The first part clarifies the theoretical basis of the research on patent ownership of artificial intelligence invention.Firstly,the concept of artificial intelligence is defined,and artificial intelligence is divided into three types according to the intelligence degree of artificial intelligence.Secondly,it is clear that the invention of artificial intelligence is based on artificial neural network and machine depth learning ability,and then defines the concept of artificial intelligence invention.According to the creative contribution of artificial intelligence in invention,artificial intelligence invention is divided into three types: auxiliary function,creative contribution and independent completion.The second part studies the premise of patent ownership of artificial intelligence invention.The first is to demonstrate that patent protection mode is the most suitable protection mode for artificial intelligence invention.In addition to the patent protection mode,there are trade secret protection mode and pioneer advantage protection mode,but there are many problems in trade secret protection mode,such as confidentiality difficulty,high risk and low social benefit.The second is to prove the patentability of artificial intelligence invention.First,the results obtained by artificial intelligence using technical means can fully meet the definition of technical scheme in the patent review guide;secondly,the invention of artificial intelligence is only different from the general invention,which does not conflict with the legislative purpose of patent law;finally,the invention of artificial intelligence has three substantive requirements: novelty,creativity and practicability.The third part combs the artificial intelligence invention patent right attribution theory dispute and analyzes the dispute reason.The lag of law leads to the existing system has no way to solve the problem of patent ownership of artificial intelligence invention.Although the academic circles have not formed a unified understanding at present,there are mainly four different views,which are that they should belong to the designer,owner,user and artificial intelligence itself.In addition,the main reason for the unclear ownership of artificial intelligence patent right is that artificial intelligence does not have civil subject qualification and there are many related subjects involved in artificial intelligence invention.In order to solve the problem of patent ownership of artificial intelligence invention,we must start from these two aspects.The fourth part puts forward the concrete rules to construct the patent right of artificial intelligence invention.First of all,it is clear that inventors and patentees are independent of each other in artificial intelligence inventions.Secondly,the feasibility of recognizing the status of inventor of artificial intelligence is demonstrated,and artificial intelligence is brought into the category of "inventor" by flexible interpretation of "inventor ",but this does not mean that it has the status of civil subject.Finally,demonstrate that the default artificial intelligence owner enjoys the status of patentee.In the judgment standard of the patentee of artificial intelligence invention,following the principle of giving priority to the agreement,the default belongs to the owner of artificial intelligence if the agreement is unknown or not,and secondly,according to the Coase theorem and the theory of benefit equilibrium,Consider all kinds of factors that affect resource allocation,In order to achieve the optimization of resource allocation,finally,according to the particularity of artificial intelligence invention,the identification standard of creative contribution different from human invention is advocated.