| Summary: | 碩士 === 國立中正大學 === 財經法律系研究所 === 107 === Since AlphaGo showed its wisdom, the world has had high expectations for artificial intelligence (AI), hoping that it can provide a more comfortable life for humans, and enhance the efficiency of companies. In order to encourage people to develop AI systems, countries will consider giving patent right to inventors as a seduction of invention; therefore, it is necessary to study whether the AI technology is a patentable subject matter. Taking the legislation and practices of the United States as basis, the thesis analyzed the patentability of AI technology, the possible inventor of an AI system and its inventions; and, discussing who may be the infringer when AI infringes patent claims.
After studying the practices and the scholars’ opinions of the United States, the author concluded that AI technology could be a patentable subject matter undoubtedly; however, the parts having to be adjusted of our Patent Law are: (1)when AI creates new inventions, the level of PHOSITAs knowledge should increase; (2)when AI creates new inventions, the AI should not be an inventor in principle; (3) when AI infringes, we could consider reducing the degree of proving the infringing behavior of AI. Furthermore, although the discussion in the content of AI technology is mostly based on software, AI technology is not exactly the same as software. To ensure the correctness of patent examination, the author suggests that our patent system shall: (1)add AI technology category to the prior art database; (2)establish a patent examination standard suitable for the related inventions of AI; (3)strengthen professional knowledge about AI of the examiners. By accomplishing the above things, it could provide good protection to AI creations.
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