Thoughts on patent law of generative artificial intelligence
Generative artificial intelligence challenges the traditional patent law system in the aspects of inventor's subject qualification,patentability and examination conditions of its products,ownership of rights and responsibility.The distinction between generative artificial intelligence algorithm and its product is the premise of discussing the patent law of generative artificial intelligence.The subject qualification of the inventor does not affect the technical scheme in the product as the protection object of patent law.In terms of examination conditions,the principle of comprehensive comparison can be appropriately adopted to ensure the accuracy of novelty examination,and the hypothesis of"technical personnel in the field"can be adjusted to improve the examination standard of creativity,while adhering to the practical examination standard.In terms of the ownership of rights,the patent right of the invention with artificial intervention should belong to the inventor;For inventions without artificial intervention,the ownership of rights shall be determined by reference to the applicable system of service invention and commission invention.In terms of tort liability,since AI itself cannot bear the responsibility,the tort liability should be allocated to the relevant subjects behind it.
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