Author Information

Associate Professor, Law School, Renmin University of China; Executive Director, Law and Technology Institute, Renmin University of China;  PhD of Science

Yuan Pengfei, PhD Candidate, Law School, Renmin University of China

Abstract

Artificial intelligence is increasingly applied to invention and creation. The core of the controversy over the patentability of AI-generated technological solutions lies in the definition and functional positioning of inventors and creativity in the patent system. The assertion that invention comes from the creative intellectual contribution of human beings only conforms to the reality of a particular period in history, and is not the theoretical cornerstone of the modern patent system. In the development of the patent system, the inventor is not limited to those who make creative contributions to the invention. As a result, the identity of the inventor can be defined through legal provisions and interpretations. In this vein, it should be allowed not to fill in the inventor when applying for patents. Creativity in patent law is an objective criterion relating to the difficulty or risk of invention, in this sense, there is no obstacle to granting patents for AI-genera ted technological solutions by interpretation on the patent system. When judging creativity, the understanding of ordinary technicians in a certain field should be updated in the light of the practical application of AI-assisted creation in the relevant field.