The Dilemma and Outlet of Full Disclosure of Artificial Intelligence Algorithm Patents from the Perspective of Contract Theory
From the perspective of contract theory,disclosure is one of the basic dimensions of the patent system,and the patent of artificial intelligence(AI)algorithm challenges the system of full dis-closure.The black-box attribute of AI algorithm contradicts the disclosure requirements of full disclo-sure,but the patent specification drafting requirement of"technical features+beneficial effects"stipu-lated in the Patent Examination Guidelines cannot resolve this contradiction.When the source code and dataset of AI algorithms are disclosed,existing information or hidden information will be leaked,which will cause data security risks.The excellent retrieval power and creativity of AI algorithms will promote the logical change of the connotation of"ordinary technician".In order to practice the concept of"dis-closure for protection"in the patent contract theory and follow the principle of balance of patent inter-ests,it is necessary to adopt multiple means to clarify the specific content that should be disclosed in AI algorithm patents,reshape the connotation of"ordinary technician"according to the standard of"hu-man-machine integration",and innovatively introduce a patent data supplement system in the field of biomedicine,so as to overcome the obstacles to technical disclosure caused by the characteristics of AI algorithms,and finally achieve the essential purpose of the patent system.
contract theorybalance of interestsartificial intelligencealgorithm patentfull dis-closure
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