The Rationale and Approach of Patent Protection for Generative Artificial Intelligence Algorithms
Generative artificial intelligence algorithms are the core of ChatGPT applications.Based on their technical char-acteristics,existing copyright protection tends to overlook their similarities and differences with traditional algorithms,and only protect the code content that has differences.Adopting trade secret protection not only exacerbates the inexplicability of algorithms,but also leads to an imbalance between private interests and public rights.Applying industry self-discipline protection can easily lead to intellectual property infringement risks,and it does not conform to the market's pursuit of effi-ciency.The patent protection of"public exchange for protection"can provide sufficient protection space and regulate the social risks it causes.At the same time,by extending the relevant theories of the patent system,its adoption of patent pro-tection also has a certain degree of compatibility.Under the patent protection system,it is necessary to clarify the differ-ences between generative artificial intelligence algorithms and the related objects to determine the attributes of its patent ob-ject.Starting with"positive definition"and"reverse exclusion",the scope of patent authorization should be delineated.Based on its technical characteristics,the"three characteristics"examination standards should be revised,and its patent-ability rules should be clarified to respond to the practical needs of ChatGPT application protection and empower the devel-opment of China's digital economy.
NETL
NSTL
万方数据
维普
