| With the development of technology,the program algorithm of artificial intelligence(AI)is gradually optimized,the self-learning ability is constantly deepened,the selfsupervision model is constantly upgraded,and it is gradually close to the thinking ability of human beings.In terms of invention and creation,AI has gradually got rid of the role of human auxiliary tools,and then presented a trend of substantial contribution to the formation of technical solutions.The change of the role of AI in invention-creation is bound to challenge the novelty,creativity,practicability substantive elements of the current patent authorization of invention,and have a far-reaching impact on the future patent examination system.In the review of novelty requirements,not only do the data retrieval and analysis ability of AI challenge the retrieval approach and method of "prior art",but also the review practice problem of "what the public can know" exists,and the review practice problem is further amplified by AI algorithm.In the review of creative requirements,on the one hand,the acquisition and analysis ability of AI technology to the existing technology exceeds the cognitive ability and judgment ability of "technical personnel in the field";AI,on the other hand,raises the bar for "significant progress" and influences other factors to be considered in creative reviews.In the examination of practical requirements,first of all,the problem of "algorithm black box" in AI programs leads to that the inventions and creations that AI participates in cannot be reproduced for ordinary technicians.Secondly,due to the black box problem of AI algorithm,data processing problem,logic problem and so on,the inventiveness that the AI algorithm participates in cannot operate itself or has operational difficulties in the implementation,which makes it difficult to meet the practicability examination standard.In the face of the substantial requirements of the development of AI technology invention patent specific challenges,moderately adjusted the AI substantive elements of legal norms,which define the connotation of the existing technology in the field of AI,to develop AI "the field technicians" cognition and judgment standard and the standard of "significant progress",and clear practical criterion;Measures to improve the substantive review include improving the professional quality of examiners,shortening the review period of AI inventions,and developing industry classification standards for AI inventions. |
