摘要
Abstract
Whether or not to include artificial intelligence algorithms in the patent law system should be based on development of the mental attributes of the algorithm,its application in non-technical humanities and the dilemma of claim specification.The essence of these issues lies in how the abstract ideas and concrete applications of AI algorithms are defined,their compliance with the novelty,utility and creativity of patents,and the needs and interests of real-world innovation.Considering regulations in Europe and the United States for the patenting of AI algorithms,as well as the economic context of AI development in China,it argues that patents should not be granted for AI algorithms,and that AI algorithms can be properly protected on the basis of the existing patent law system structure in China,and drawing on the review practice in Europe and the United States,in addition to the protection paths of business secrets.关键词
人工智能算法/不可专利性/专利法制度/专利审查/商业秘密Key words
artificial intelligence algorithm/unpatentability/patent law system/patent review/business secret分类
社会科学
