On December 6, 2024, the China National Intellectual Property Administration (CNIPA) has released Draft guidelines for patent applications concerning artificial intelligence (AI)-related inventions.
These guidelines aim to clarify patent examination standards for AI, addressing key areas such as inventive step, novelty, and utility in the context of AI technologies. The updates reflect China's push to align its patent regime with the rapid technological advances in AI, big data, and related fields.
Key aspects of the draft
Emphasis on Technical Contributions: The draft specifies that AI-related inventions must demonstrate a "technical solution" to be patentable. This includes innovations in algorithm design, big data processing, and their integration with specific hardware to enhance computing efficiency or execution effectiveness.
Patentability of AI Algorithms: The guidelines suggest that mere algorithmic improvements without a direct technical application might not qualify for patents.
AI algorithms alone are considered mathematical methods, which are not patentable. However, if these algorithms are applied to solve a technical problem or improve technical performance, for example in fields like big data management, or are tied to hardware improvements (e.g., enhancing data storage or processing speeds), they may meet the criteria for patent eligibility.
Description Requirements: Applications must provide a clear and complete description of the AI-related invention, detailing how the algorithm is applied within the technical field and its impact on achieving the technical goal.
Industrial Applicability: AI inventions must be capable of being practically applied in industry, showcasing their utility in real-world scenarios.
Alignment with International Standards: The guidelines reflect a trend seen globally, particularly in the European Patent Office's (EPO) approach, which allows patents for mathematical methods when applied to specific technical implementations.
CNIPA appears to adopt similar principles, reinforcing China’s commitment to fostering innovation while aligning with international patenting norms.
This development is particularly significant as China positions itself as a leader in AI innovation, ensuring a balanced approach to protecting intellectual property while fostering technological growth.
The draft guidelines are open for public consultation, inviting stakeholders to contribute to refining the framework. Comments are due before December 13, 2024.
Full document (in Chinese) here