Patent Examination of Artificial Intelligence-related Inventions
To date, artificial intelligence (AI) has caused fundamental changes in inventing processes, and many issues are arising therefrom, especially whether and in what way inventions implemented by AI are patent-eligible under the current patent regime. To deal with the issue of patentability, some countries have adjusted their patent regime to AI-related inventions. As a major economy with a world-leading AI industry, China has accumulated abundant experience in examining applications with respect to AI-related inventions. This chapter focuses on China’s experience in the examination of AI-related inventions and its latest regulatory movements in this regard. More specifically, it revolves around China’s practice of modifying its Guidelines for Patent Examination (‘Guidelines’) to clear the way for AI-generated inventions in April 2017, reaching consensus on applying the Patent Law, Implementing Rules of the Patent Law, and the Guidelines to examining the applications of AI-generated inventions, and further revising the Guidelines in December 2019 to make them more suitable for AI-related inventions. This chapter argues that these experiences can be a useful benchmark for other jurisdictions to grant patent rights to AI-related inventions.