AI Is Magical But NOT Magic! Be Specific In Your AI Patents!

What is the standard of sufficient disclosure for AI-related patents: A case study in China

The rapid growth of AI patent applications present significant challenges to existing patent application and examination practices. One of them is satisfying the requirement for sufficient disclosure. The following case was featured in the2023 CNIPA Compilation of Key Decisions on Patent Reexamination and Invalidation Cases("2023 Compilation") as an example to elucidate the current standards for sufficient disclosure in examining AI patent applications in China.

Rejection of Alipay's AI + Brainwave Patent

The applicant Alipay¹had a Chinese Patent²on an invention relating to a method and system that trains and utilizes AI models with people's brainwaves and purchase history data to facilitate online payment operations. The applicant Alipay had a Chinese Patent on an invention relating to a method and system that trains and utilizes AI models with people's brainwaves and