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    From Faces to Football Fields: How Applying AI Models to Different Application Fields Can Prove Inventive in China

    October 21, 2025

    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…

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    AI is magical but NOT magic! Be specific in your AI patents!

    January 9, 2025
  • China,  China Patent Office,  CNIPA,  data,  Invalidation,  Patent,  Patent Law,  Patent Re-examination Board,  Patentability,  Pharma,  Support Requirements

    How to Protect a Crystal Form (Polymorph) Patent in China

    June 3, 2025

    Crystalline forms are critical to pharmaceutical patents, offering extended protection for improved stability, bioavailability, or manufacturability. However, securing such patents in China has grown increasingly difficult due to the China National Intellectual Property Administration (CNIPA)’s strict patentability criteria. Unlike the U.S. or Europe, where structural novelty or problem-solving utility may suffice, China demands quantifiable evidence of superiority over prior art forms and rejects patents based on routine screening alone. Recent decisions, like the invalidation of fruquintinib Crystal Form I, highlight common pitfalls: insufficient comparative data, incremental technical effects, and failures to preempt obviousness challenges. With China’s pharmaceutical market surging and secondary patents under heightened scrutiny, companies must strategically align their IP strategies…

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    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
  • AI,  China,  China Patent Office,  CNIPA,  Inventions,  Patent,  Patent Re-examination Board

    AI is magical but NOT magic! Be specific in your AI patents!

    January 9, 2025

    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 the 2023 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 Alipay1 had a Chinese Patent2 on an invention relating to a method and system that trains and utilizes AI models…

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    From Faces to Football Fields: How Applying AI Models to Different Application Fields Can Prove Inventive in China

    October 21, 2025
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Popular Posts

  • New Policies to Promote Importation of Innovative Drugs
  • Foreign companies transferring IP out of China: things to know
  • Is it Sufficient to Claim an Antibody only by Describing its Antigen?
  • Can Post Filing Data Overcome Inventive Step in China?
  • No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

Recent Posts

  • Nov 13, 2025 The Secret Prior Art Trap: A Case Study on Conflicting Applications in China
  • Oct 21, 2025 From Faces to Football Fields: How Applying AI Models to Different Application Fields Can Prove Inventive in China
  • Sep 30, 2025 When Standards Evolve: How China Judges Inventiveness in Next-Gen Tech Patents
  • Sep 18, 2025 Obviousness: can features from different categories of products be combined to invalidate a design patent?
  • Sep 04, 2025 NMPA’s Releases Draft Measures for Data Protection (Data Exclusivity)
  • Jun 03, 2025 How to Protect a Crystal Form (Polymorph) Patent in China
  • May 28, 2025 Why Do Examiners Fail to Recognize the Importance of my “Parameter Features”?
  • Apr 01, 2025 Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data
  • Mar 10, 2025 RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges
  • Feb 04, 2025 Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
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