| Artificial intelligence has gradually entered our daily life and work,which can help people improve their quality of life and work efficiency.The product of AI is a high level of AI,which has broken through the relevant system of China’s existing patent law.On the basis of fully demonstrating the concept,connotation and classification of AI and AI products,and the necessity of granting patents for AI products,this paper discusses the feasibility of granting patents for AI products based on the examination criteria of subject,object and "three characteristics" of the Patent Law.Based on the two AI product patents and "small i" robots granted by China at present,this paper analyzes the current status of AI product patent protection in China,relevant recognition rules and existing problems,and puts forward specific solutions.This paper consists of four parts,which are summarized as follows:The first part analyzes the concept,connotation and classification of artificial intelligence and its products,and introduces the relevant definitions of artificial intelligence.The second part expounds and analyzes why patent protection should be granted to artificial intelligence generators and the three models currently disputed in the academic community,comprehensively analyzes the connotation and protection methods of each model,whether it has applicability,and the advantages and disadvantages of the existing ones,and proposes that the most suitable protection model for China’s social development should be the patent protection model,explains the research significance of this paper,and uses artificial intelligence products to grant patents with qualified subjects,and the subject matter protected by patent law does not exclude the possibility of granting patents,and meets the "three genders" examination standard.Thus,the possibility of patenting artificial intelligence products is discussed.The third part is the core of this article,analyzing the typical case "Little i" Robot v.Apple Patent Infringement Dispute released by the Supreme Court in 2021,analyzing the core focus of the dispute and the judge’s determination,to discuss how judges confirm how artificial intelligence generation can be granted patents in current litigation practice? What are the requirements? Combined with the two practical cases of patent protection of artificial intelligence products in China,the content and operation methods of the disclosed claims are synthesized,so as to analyze the current status of patent protection of artificial intelligence products in China,and the rules and existing problems identified when granting patent protection of artificial intelligence products in current practice.The fourth part puts forward corresponding solutions to the problems faced by China’s Patent Law when granting patents for artificial intelligence generation,in order to improve China’s corresponding legal system and help the development of artificial intelligence. |