International Comparison and Inspiration on the Qualification of "Inventors" of Artificial Intelligence
The emergence of generative AI,such as ChatGPT,has made autonomous AI invention a reality.The"DABUS"Artificial Intelligence Inventor Program is a large-scale legal experiment initiated by U.S.scientists in the global patent application system to seek patent protection for AI-generated products in the absence of a human inventor,with the aim of promoting the application of generative AI in the field of intellectual property.Administrative and judicial authorities in various countries and regions around the world have successively issued decisions or rulings on the"DABUS"parallel application cases.Among them,the administrative organs and judicial organs of Australia,the United Kingdom and Germany have different degrees of disagreement on whether artificial intelligence can be regarded as an inventor,which is manifested in the different understanding of the existing patent system.The reason for the disagreement is the conceptual conflict of whether creative thinking is a factual judgment or a value judgment,and the systematic difference between"administration according to law"and"judge-made law".The"DABUS"AI invention has also applied to China's Intellectual Property Office.In the face of more and more patent applications for AI inventions,China needs to do a good job of aligning the international PCT procedure with the domestic examination procedure,and at the same time,introduce guidelines for examining patent applications for AI inventions.In the future,we need to accelerate the construction of patent protection rules for AI generators to serve the national strategy of strengthening intellectual property rights.
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