Intellectual property protection for AI algorithms
DOI:
https://doi.org/10.54097/fcis.v2i3.5210Keywords:
Artificial intelligence algorithms, Intellectual Property ProtectionAbstract
In the 21st century, artificial intelligence technology is developing rapidly. Artificial intelligence technology combines multiple disciplines, involves multiple industries, and absorbs multiple talents, which is an extremely complex and huge technology. As the core technology of artificial intelligence, artificial intelligence algorithms have the ability to train and learn human-like self-training, and have become one of the most concerned fields. In recent years, there has also been an increasing discussion of artificial intelligence algorithms. How AI algorithms are protected has also become a matter of great concern for many companies and creators. In this context, this paper will take artificial intelligence algorithms as the research object to carry out the paper. This paper will introduce the legal nature of algorithms, reveal the introduction and ethical dilemma of the existing artificial intelligence algorithm rights ownership dilemma of artificial intelligence algorithm intellectual property protection, and put forward feasible suggestions for the construction of China's artificial intelligence algorithm intellectual property system. It should be made clear that China's existing patent protection path cannot fully respond to all the needs that artificial intelligence algorithms want to be protected, so some adjustments need to be made to the patent law. First of all, it should be clarified which artificial intelligence algorithms can and cannot become the object of patent authorization. As a new thing, artificial intelligence algorithms are different from patents that are obviously novel, practical and inventive in the traditional sense. In order to better protect artificial intelligence algorithms and promote the better development of artificial intelligence algorithm technology, in view of these special differences, certain adjustments have been made to the examination standards of China's patent substantive elements according to the characteristics of patentable artificial intelligence algorithm objects.
Downloads
References
Zuo Yilu. Theory and Practice of the United States Global. Law Review, 2018, 40(05): 122-139.
CHEN Jinghui. The legal nature of algorithms: speech, trade secrets, or due process? .Comparative Law Research, 2020, (02):120-132.
Diao Shun. Discussion on patent protection mode of artificial intelligence independent inventions. Science and Technology Progress and Countermeasures, 2018, 35(21):119-125.
DENG Jianzhi, CHENG Zhiting. Challenges and responses of artificial intelligence to patent protection system. Journal of Nanchang University, 2019, 50(02):15-24.
WU Handong. Patent Law for AI-generated Inventions. Contemporary Law, 2019, 33(04):24-38.
LI Xiang. The identity of the "three genders" review criteria of the artificial intelligence generation technology solution is confirmed. Journal of Dalian University of Technology, 2022, 43(05):101-108.
ZHU Xuezhong, ZHANG Guangwei. Research on patentability and ownership of technical achievements generated by artificial intelligence. Journal of Intelligence, 2018, 37(02):69-75.


