Patentability Of AI Related Patent Application

Patentability of AI related patent applications may be of concern in different jurisdictions. In this paper, we will provide an overview of patentability of AI related applications with reference to the examination guidelines of USPTE, EPO and CNIPA, and we will present some advices for the draft of AI related applications.

Categories of AI technology

Artificial Intelligence (AI) technology can be of three categories from the perspective of patent application, that is, AI algorithms, AI functional applications, and AI industrial applications. AI algorithms are core algorithmic approaches used to implement AI functions, examples of the AI algorithms include Deep learning, Logic programming, Neural network, Support vector machine and so on. AI functional applications cover the functions performed by AI algorithms, independent of the industrial field of application. Examples of AI functional applications include Augmented reality, Computer vision, Information