In patent cases related to the AI field, the compliance of inventions with the requirements for patent protection in China, particularly regarding what constitutes a patentable subject matter, largely depends on the drafting skills and perspectives employed. Based on the provisions of Article 25(1) of China's Patent Law, this article delves into the criteria for assessing the compliance of AI patentable subject matter and offers targeted drafting suggestions for patent applications.
Core Point 1: Avoiding the Description of Scientific Discoveries
Although inventions often build upon scientific discoveries, when drafting patent documents, the focus should be on how these scientific discoveries are utilized rather than merely describing them. Avoid centering the patent on direct descriptions of unknown substances or phenomena and instead shift the emphasis to describing how these new discoveries address practical problems.
Core Point 2: Avoiding Rules and Methods for Mental Activities
The Guidelines for Patent Examination provide clear definitions and criteria for rules and methods for mental activities:
- Mental activities refer to human thinking processes that originate from the mind, producing abstract results through reasoning, analysis, and judgment, or indirectly acting upon nature as a medium.
- Rules and methods for mental activities aim to guide people's thinking, expression, judgment, and memory.
- Since mental activities do not employ technical means, utilize natural laws, solve technical problems, or produce technical effects, they do not constitute technical solutions.
In patent applications in the AI field, special attention should be paid to avoiding the inclusion of pure thinking processes, algorithmic logic, or data processing methods as the core of patent protection. The key lies in judging whether the patent content merely guides mental activities without involving specific technical means or solving technical problems.
Drafting Considerations in Practice
Patent applications in the AI field typically involve computer information processing technology. When drafting claims, ensure that the description of each step is clear and concise, enabling ordinary skilled artisans in the field to understand the specific operations of each step without engaging in complex mental activities. Avoid using vague or abstract language that could be misconstrued as rules and methods for mental activities.
Simultaneously, when drafting the beneficial effects, emphasize that the implementation of the patent does not excessively rely on human mental activities. This helps demonstrate to the examiner that the patent not only involves mental activities but also contains practical technical means and addresses specific technical problems.
To enhance the persuasiveness of the patent document, analysis can be conducted based on the alignment of technical means, technical problems, and technical effects with natural laws. Technical means should be designed to address specific technical problems, and technical effects should be directly attributable to these means. In the AI field, technical problems may be more based on empirical laws, such as the relationship between user consumption behavior and economic value. Technical means can be embodied in specific algorithm applications, data processing flows, etc., while technical effects should be the positive changes produced by these means in practical applications.
Drafting Tips Summary
When drafting patent cases in the AI field, even if some technical problems, means, or effects may appear on the surface to be inconsistent with the intuitive understanding of natural laws, attempt to provide reasonable explanations through the aforementioned logic. Emphasize how the technical means in the patent are designed to address specific technical problems and how these means produce positive technical effects in practical applications. Through clear and specific descriptions, demonstrate to the examiner that the patent not only involves mental activities but is also a new technical solution containing innovative technical means, addressing specific problems, and producing positive effects.
In summary, when drafting patent cases in the AI field, caution should be exercised in distinguishing between scientific discoveries and rules and methods for mental activities, ensuring that the patent content complies with the requirements for patentable subject matter in China. By employing reasonable drafting strategies and techniques, the success rate of patent applications can be improved.
鄂公网安备 42010402001546号