Research On Patentability Of Artificial Intelligence Inventions

By listing and analyzing three application examples of AI technology,such as natural language processing,robot scientists and genetic programming,I summarizes the four characteristics of the inventions created by artificial intelligence in this dissertation:(1)all patent types;(2)the patent object is not limited to "inventions involving computer programs";(3)the degree of inventive contribution varies;(4)at least one natural person are required to undertake auxiliary work.With the development of technology,the new technological achievements should be protected by the patent law because of its contribution to the innovation of technological design and the supporting role of emerging industries.Based on four characteristics of the inventions created by artificial intelligence,and the legislative spirit of the patent law to encourage technological innovation and application,I holds that patents shall be granted for any inventions by AI,in all fields of technology,provided that they are new,involve an inventive step,susceptible of industrial application,and do not belong to any objects of excluding patentability by law.The inventions created by artificial intelligence cannot completely fit to the patent system and theory centered on human inventors.The problem lies in three aspects:patentable subject,inventor identification and patent ownership.(1)Patentable subject matter.In December 2019,CNIPA stipulated the particularity of patent application examination involving artificial intelligence in the Guidelines for Patent Examination.This provision which provides a certain basis for the patent examination of Inventions created by artificial intelligence,still adheres to the principles of Integrity and Technical Characteristics in the process of patent examination,and adds a principle of All Characters Consideration.In addition,people establish patent system to balance the interest between patentees and the public,encourage innovation,expand the knowledge in the public domain,and promote social development and social equity.If the invention created by AI is not protected by patent in time,it may have to be transferred to trade secret protection.That fails to expand the knowledge of the public domain,and will aggravate the imbalance of social development.Therefore,I holds that it is of positive significance to confirm the patentability of AI inventions according to its characteristics.(2)The inventor identification.At present,in the patent application documents,only natural person can be filled in as the inventor,so as to avoid blocking the patent authorization.In the future,if the independence and creativity of AI in invention activities are more significant,it is also a possible choice to grant the artificial intelligence inventor qualification on the premise of the breakthrough of civil subject theory.(3)The ownership of patent.If the project of using AI to invent new things is invested by the units(or individuals),according to the property attribute of the patent,it is reasonable that the patent is owned by that units(or individuals).Referring to the provisions of the "patent law" on service invention,the patent shall be distributed in accordance with the agreement.If there is no agreement,it shall be owned by the units(or individuals)of investment.