Research On Patent Protection Of Artificial Intelligence Production

Regardless of whether human beings in the biological sense are aware of it or not,artificial intelligence is like a torrent of human beings rushing towards a new era at full speed.Neither individuals nor countries can escape from this inevitable trend of history.All we can do is to perceive them through our own specific perspective.From this perspective,the patent law provides us with a Explore the beneficial perspectives of artificial intelligence.From the perspective of invention and creation,artificial intelligence has gradually changed from an auxiliary tool invented by humans to a certain degree of autonomy.It can be foreseen that artificial intelligence will continue to become more complex and take over from humans in this process.The more functions and tasks.We should be open to these developments as a whole,and realize that they will greatly improve the quality of human life.But on the other hand,with the advancement of technology,we must also improve our understanding of patent law and patent protection in order to guide its development in a direction that conforms to the interests of mankind.The overall framework of the thesis is divided into three parts: introduction,main body and conclusion.The specific arrangements are as follows:The first part is the introduction.It mainly introduces the research background and research significance,and clarifies the research status through reading domestic and foreign literature.The second part is the main body of the article,including four chapters:The first chapter is the general theory of artificial intelligence generating technology achievements.This chapter first analyzes the definition of the technical achievements of artificial intelligence generation.Then,based on the latest research results in artificial intelligence professional books and scientific journals such as "Nature",it introduces the technical achievements generated by artificial intelligence and respond to doubts about the meaninglessness of such research from the technical level.Finally,its technical achievements are classified,and its characteristics are summarized for the convenience of later discussion.The second chapter is the protection model and theoretical basis of artificial intelligence-generated technological achievements.From a theoretical perspective,after artificial intelligence generates technical results,it must first choose among the forerunner protection mode,trade secret protection mode,and patent protection mode.because in addition to the patent protection mode,objectively,you can also choose to invest it in the public domain to obtain the first-mover advantage or the competitive strategy of protecting trade secrets,but the first-mover protection model and the trade secret protection model have problems such as insufficient incentives,so the patent protection model may be a better choice.Among the existing theories that can provide a reference for its operating principles,the patent attachment protection model still emphasizes human labor(such as selecting patented technical solutions).However,the low degree of substantive and low contribution of human labor to the technological achievements of artificial intelligence is an obstacle to the application of this theory.Relatively speaking,service inventions provide a broader space for interpretation.Secondly,the theoretical discussion of the model cannot provide a legitimate source for the patent protection of artificial intelligence generation technology achievements,so it is necessary to combine the analysis of intellectual property law and philosophy.Among them,the "Labor Property Theory" of Locke,endowed with a zeitgeist interpretation of "labor" can provide a justification basis for it;although artificial intelligence has a certain degree of "innovative ability",but the nature of weak artificial intelligence also creates an explanation space for the innovation incentive theory of patent law;in contrast,due to the lack of personality elements,Hegel’s "personality right theory" cannot provide theoretical support for it.The third chapter is research on the attribution of artificial intelligence generation technology achievements.This chapter reflects on artificial intelligence and its production technology from the perspective of the subject system of patent law.The challenge of artificial intelligence to the status of legal subject has aroused widespread concern in the academic circles,but the nature of weak artificial intelligence has become a huge obstacle to its status as an independent legal subject.However,with the development of artificial intelligence,with the support of artificial intelligence algorithms and big data,it has the ability to participate in invention and creation and make substantial contributions.In this case,it has become an inventor in the secular sense.However,from the perspective of patent law,there are still disputes over his becoming an "inventor" in academia.The author summarized it into three factions,namely,the pros,the opposing,and the compromise.Since it does not have a subversive impact on the existing legal system,the author agrees with the positive statement.However,if its status is extended to the patentee,this means that it will have to undertake more and more complicated obligations.As far as the status quo of technological development is concerned,the author believes that it is not enough to meet the standards of patentees,so artificial intelligence is not suitable for obtaining patentee status.Since artificial intelligence itself cannot become the patentee,the technical achievements it generates will face attribution issues.As far as the life cycle of artificial intelligence generation technology is concerned,the key subjects involved include at least four categories: artificial intelligence original programmers,big data providers,artificial intelligence owners,and artificial intelligence users.First,by evaluating its eligibility,the pros and cons of each subject as potential right holders can be clarified.Secondly,the author summarized the four principles of "autonomy of will","principle of maximum contribution","principle of maximum range of incentives" and "principle of full participation in business" and used them as the analysis standard for the ownership of rights.Finally,through analysis,it can be concluded that a patent attribution system centered on artificial intelligence users should be established.The fourth chapter is the analysis of ontology conditions for artificial intelligence to generate technological achievements.From the perspective of the object,this chapter analyzes the ontological conditions of artificial intelligence generating technical results.In terms of the formal elements,on the one hand,the author focuses on the analysis of the possible conflicts between the artificial intelligence generation technology results and the current legal regulations in combination with the current laws and regulations.On the other hand,the author focuses on the analysis of artificial intelligence algorithms and artificial intelligence implemented by computer programs.Conflict with patent objects is a controversial topic,and proposes to appropriately expand the scope of patent objects in combination with the current development of the artificial intelligence industry.In terms of substantive elements,the author analyzes the challenges and countermeasures of artificial intelligence to the practicality,novelty and creativity of patent examination one by one,and the author pointed out that the artificial intelligence-generated technological achievements pose a challenge to the patent substantive examination standards,and believe that the examination standards should be adjusted appropriately;attention should be paid to the contradiction between the limited administrative,law enforcement and judicial resources and the unlimited number of patents;And pay attention to the use of new technologies,especially the role of artificial intelligence technology in patent examination.The third part is the conclusion.By discussing the necessity of the patent law to respond to the technological achievements of artificial intelligence,the challenges and corresponding countermeasures that artificial intelligence poses to the patent legal system are summarized as a whole,and future research is made.