From Faces To Football Fields: How Applying AI Models To Different Application Fields Can Prove Inventive In China

As AI models become versatile and adaptable across multiple contexts and industries, questions about inventive step sit at the heart of patent examination in China. The 2023 Patent Examination Guidelines (hereinafter referred to as 'the Guidelines') included several sessions dedicated to explaining how inventive step should be examined for AI-related inventions, featuring examples related to AI algorithms, big data, and user experience¹.

In the re-examination of Beijing ByteDance Network Technology Co. Ltd.'s application entitled "Method and apparatus for processing an image" (Application No. 201810734681.2)², which was recognized as one of the Top 10 Re-examination Cases of 2025 by the CNIPA, the CNIPA focused on the following issue: when an existing algorithm or AI model is applied to a different application field compared to the prior art, how should its inventive step be judged?