| Decades have passed since the formal invention of artificial intelligence.As early as 1962,when IBM checkers program defeated human chess players,people were worried that artificial intelligence might destroy human beings.However,as far as the near future is concerned,it is quite unlikely that artificial intelligence will completely replace or destroy human beings.The more likely scenario is that the development of human society will enter a new period in which the human-computer cooperation ability will be gradually enhanced.In other words,now and the near future that people can see,there is no need to worry too much about the safety of human beings as a whole.Machines driven by artificial intelligence will greatly improve people’s life efficiency.At present,the rise of deep learning algorithms has brought a great deal of discussion and attention to artificial intelligence technology,and many qualified enterprises all over the world have entered into the field of artificial intelligence.Not only enterprises,but also the state attaches great importance to the development of artificial intelligence technology,which can be clearly seen from the number of times that artificial intelligence has been mentioned in various policy documents.Of course,while new things attract a lot of investment and attention,they are also accompanied by many debates.For example,whether artificial intelligence should be given the subject identity is a controversial issue.First of all,this paper believes that solving the current legal problems does not need and should not give ai the subject status in the law.Secondly,there have been many discussions and suggestions on how to allocate the rights and responsibilities after the AI generation technology scheme has been recognized.The focus of this paper is: what are the characteristics of the novelty and innovation review of the AI generation technology scheme;Whether the use of artificial intelligence technology will improve the knowledge level of technicians;Whether the "machine" can be included in the category of "technical personnel";How will the AI generation technology scheme affect the licensing conditions of previous patents.According to the possible problems in the examination process,this paper first summarizes the relevant theories,sorts out the differences between the artificial intelligence generation technology scheme and the inherent technology scheme that has become the object of the patent right,and analyzes the possible problems in the process of protecting the artificial intelligence generation technology scheme by studying the existing patent examination system,Finally,from the perspective of patent examination,this paper puts forward countermeasures and suggestions for the protection of AI generation technology scheme.It is hoped that by improving the patent system,the artificial intelligence generation technology scheme can be more reasonably protected,so as to promote the good of science and technology and benefit mankind. |