Research On Patentability Of Artificial Intelligence Algorithms

The era of artificial intelligence has arrived.No field can avoid the influence of the technology’s development,also,the law field is naturally no exception.The influence and impact of artificial intelligence on legal theory and legal system cannot be ignored.The core feature of artificial intelligence is intelligent algorithm,so the patent protection of intelligent algorithm is an important content to promote the development of artificial intelligence technology.In this paper,the researches on the patentability artificial intelligence algorithms,artificial intelligence algorithm patent protection theory,illustrates the advantage of artificial intelligence algorithm of patent protection and patent protection conflict,artificial intelligence algorithm and artificial intelligence patentability analysis and argumentation,as well as to the typical countries and regions outside of related practice makes investigation and analysis,Thus,it discusses the standards of adjusting the relevant legislative principles and perfecting the practice of patent examination.This paper carries out research from the following five main parts:In the first part,it’s about the background of the topic.In this part,first of all,introducing the arrival of the era of artificial intelligence,China attaches great importance to the development of artificial intelligence.As legal people,we are all in it.Secondly,the significance of the research topic is explained.Legal regulation of intelligent algorithm is of great significance to promote the orderly development of intelligent society.In the end,the basis of patentability and the main research results are briefly described,which helps to establish the further research.The second part is the introduction of artificial intelligence algorithm and the general analysis of intellectual property protection.Firstly,the basic concept and wide application of artificial intelligence algorithm are introduced.The definition of the concept is the beginning of research,and the spread of applications highlights the importance of artificial intelligence algorithms in our lives today.Secondly,the intellectual property protection path of artificial intelligence algorithm is discussed.Because copyright,trade secret and other systems have their own value dilemma when protecting intelligent algorithm,and the patent system has a high degree of institutional compatibility for the protection of intelligent algorithm.Finally,the conflict of patent protection of artificial intelligence algorithm in China is analyzed to construct relevant theories.This paper seeks the basis of patent protection of intelligent algorithm from the legal theory,and analyzes the characteristics of intelligent algorithm itself from the legal theory,so as to make the foundation preparation for improving the patent protection system of intelligent algorithm.The third part is the patentability of artificial intelligence algorithm.Firstly,the patent essential requirements of artificial intelligence algorithm are analyzed,that is,the invention of intelligent algorithm should have novelty,creativity and practicability if it wants to obtain patent protection.Secondly,on the basis of object discrimination and theoretical construction,the object fitness of intelligent algorithm patents is analyzed to further clarify that artificial intelligence algorithms meet the requirements of patent protection object.The fourth part is the practical investigation of the patentability of extraterritorial AI algorithms.This paper mainly analyzes the relevant regulations and the latest examination standards of intelligent algorithm patent protection in typical countries.Combined with the principle of intelligent algorithm protection embodied in the newly revised patent examination guidelines in China,the feasibility and necessity of artificial intelligence algorithm to obtain patent system protection are further demonstrated through comparative studies.The fifth part is about the legislation and examination standards of patentability of artificial intelligence algorithms in China.Firstly,the patent legislation is adjusted from the protection principle,protection scope,setting exceptional cases and so on,and the object eligibility of patent protection of intelligent algorithm is clarified.Secondly,based on the characteristics of artificial intelligence algorithms,the patent examination standards are improved according to the essential elements stipulated by the patent law and the current patent examination rules,in order to actively promote the patent protection of intelligent algorithms.