1AI fromState Intellectual Property OfficeThe official website was informed that theAIThe "Guidelines for Patent Application for Related Inventions (Draft for Public Comments)" was published for public comment on December 6th. The Guidelines make it clear that for inventions generated by artificial intelligence, in the current legal context of the PRCInability to confer AI inventor status.
The Exposure Draft mentions that for AI-assisted inventions and AI-generated inventions, AI tools or systems are involved to varying degrees in the process of generating the invention. Whether an AI system can then be signed as an inventor is an issue of general concern arising from such patent applications. Therefore, it is necessary toClarifying the issue of inventorship.
- AIaidof invention: in the process of invention.Artificial intelligence technology as an aidGetting inventions. In this case, the role played by artificial intelligenceSimilar to an information processor or drawing tooletc;
- AIgenerateThe invention of: a reference to artificial intelligence inwithout substantial human contributionSelf-generated inventions, e.g., food containers designed autonomously by AI technology.
The Exposure Draft states that the inventor whose name appears in the patent document must be a natural person.Artificial intelligence systems and other non-natural persons may not be inventors.. When there are multiple inventors, theEach inventor must be a natural person. Therefore, for inventions made with the assistance of artificial intelligence, a natural person who has made a creative contribution to the substantive features of the invention can be named as an inventor of the patent application. However, an invention generated autonomously by artificial intelligence cannot be given the status of inventor.