Discussion On The Patent Right Of Artificial Intelligence Generation Products

With the rapid development of science and technology,the potential of artificial intelligence has been greatly stimulated.Artificial intelligence has penetrated into all fields,and the field of intellectual property is no exception.At present,domestic and foreign scholars have conducted extensive discussions on the impact of artificial intelligence on the field of copyright law,but there are few discussions on the impact of artificial intelligence on the field of patent law.The rapid development of artificial intelligence has gradually shifted from a tool that assists human invention to a subject with independent creativity.The gap between subject and object in the current patent system is gradually narrowing.When artificial intelligence only plays an auxiliary role,the creation of inventions will inevitably be inseparable from human intervention and guidance.It is understandable that inventions are protected under the framework of the current patent system.But when artificial intelligence can create products on its own,does the product belong to an invention and can it be included in the scope of protection of the patent law? If patent protection is granted,how to identify the inventor?Who will the patent right belong to? These issues have brought considerable challenges to the existing patent law system and the operation of the patent system.For the healthy development of artificial intelligence technology,it is necessary to respond at the level of patent law.First of all,this article introduces the definition and development status of artificial intelligence.After getting the most basic understanding of artificial intelligence,it then defines the similarities and differences between its products and natural person inventions,and clarifies its particularity on this basis.Second,start with two examples of patent applications for artificial intelligence products in the United States to understand the current degree of intelligence of artificial intelligence and the overview of patent applications in various countries.Third,from the perspective of the object and subject of the patent right,based on the theoretical basis of the patent law,analyze the eligibility of artificial intelligence product patents based on different theories,and confirm the necessity and feasibility of patents granted;After clarifying that some artificial intelligence products are eligible in the process of patentability,the legal subject qualifications of artificial intelligence will be distinguished,and it will be clarified that the current artificial intelligence itself cannot be the patentee.It is still necessary to attribute the subject of the patent right to Natural persons;At the same time,the artificial intelligence itself,algorithm program writers,data providers,owners,users and other relevant subjects involved in the attribution of artificial intelligence product patent rights are analyzed in order to maintain the balance of ownership distribution.Finally,strive to find a way out for the patent protection of artificial intelligence products in China: suggest that artificial intelligence products be included in the protection of the patent law;create patentability standards for artificial intelligence products;clarify the patent exclusion scope of artificial intelligence products;try to establish Inventor and patentee’s dual main body structure;construct the ownership distribution rules of artificial intelligence products.