Embodied intelligence represents a new paradigm for the cross-integration development of artificial intelli⁃gence.By endowing AI with a"physical body",it enables interaction with the real world,allowing AI t...Embodied intelligence represents a new paradigm for the cross-integration development of artificial intelli⁃gence.By endowing AI with a"physical body",it enables interaction with the real world,allowing AI to move beyond digital environments into the physical realm and demonstrate intelligence that simulates or even surpasses human capa⁃bilities.Although embodied artificial intelligence demonstrates substantial potential in the realm of invention and cre⁃ation,there remain challenges in obtaining patent authorization for its generated technical solutions,specifically con⁃cerning subject,object,and market aspects.To address these issues,the feasibility of the subject should be demon⁃strated from the perspective of embodied cognition theory,while the object should be justified from a techno-centric standpoint.Subsequently,a regulatory framework for the patentability of technical solutions generated by embodied in⁃telligence should be proposed.First,a more inclusive subject framework should be established,recognizing embodied artificial intelligence as an inventor alongside humans,thereby affirming a coexistent"inventor"identity.Second,pat⁃ent rights should be assigned to developers of embodied artificial intelligence,referencing the rights distribution para⁃digm under employment relationships.Third,the criteria for patent eligibility and the"three-aspect"examination stan⁃dards should be refined.Finally,mechanisms for optimizing the implementation of rights and risk prevention should be developed.展开更多
基金Ministry of Justice of China Funding 22SFB5044:Research on the optimization and governance strategies of intellectual property ecosystem empowered by blockchain technology。
摘要Embodied intelligence represents a new paradigm for the cross-integration development of artificial intelli⁃gence.By endowing AI with a"physical body",it enables interaction with the real world,allowing AI to move beyond digital environments into the physical realm and demonstrate intelligence that simulates or even surpasses human capa⁃bilities.Although embodied artificial intelligence demonstrates substantial potential in the realm of invention and cre⁃ation,there remain challenges in obtaining patent authorization for its generated technical solutions,specifically con⁃cerning subject,object,and market aspects.To address these issues,the feasibility of the subject should be demon⁃strated from the perspective of embodied cognition theory,while the object should be justified from a techno-centric standpoint.Subsequently,a regulatory framework for the patentability of technical solutions generated by embodied in⁃telligence should be proposed.First,a more inclusive subject framework should be established,recognizing embodied artificial intelligence as an inventor alongside humans,thereby affirming a coexistent"inventor"identity.Second,pat⁃ent rights should be assigned to developers of embodied artificial intelligence,referencing the rights distribution para⁃digm under employment relationships.Third,the criteria for patent eligibility and the"three-aspect"examination stan⁃dards should be refined.Finally,mechanisms for optimizing the implementation of rights and risk prevention should be developed.