Patent Protection for Artificial Intelligence in China

Abstract

To stimulate the incentives for AI-related innovations, China revised its Examination Guidelines for Patents, which came into force from 2017. The updated guidelines stipulate that if a invention relating to computer program or business model includes a technical feature, it should not be excluded from being patent eligible. Four types of claims, which are method, program module, computer system and storage media, are provided to protect the invention patent application on the computer program processing flow based on the amendment. Since artificial intelligence related inventions include methods for implementing mental steps using computers and devices designed to automate mental activities, the implicit requirements for judging patent eligibility may be inconsistent with the nature of artificial intelligence technology. In order to enhance the possibility of patent entitled of artificial intelligence related inventions, patent applicants should concentrate on their construction of the claims to indicate what technical problems the invention are solving or identify the specific improvements made by the claims.