Comparative Study on Patent Eligibility of Artificial Intelligence in the United States, China and Japan

摘要

To enhance the possibility of patent entitled of artificial intelligence-related inventions, firstly, patent applicants should concentrate on their construction of the claims to indicate what technical problems the invention are solving or identify the specific improvements made by the claims; secondly, the claims should be narrowly focused and provide technical solutions to technical problems, and each of the technical problems and technical solutions should be described in specification. In order to stimulate the innovation of artificial intelligence-related technologies, many countries have revised the patent examination guidelines in recent years. Patent offices in the United States, China, and Japan are the most important patent offices for artificial patent applications in the world. Japan has the loosest provision on the object. Both China and Japan have authorizations for pure algorithm patents. The United States has the strictest on the object of patent eligibility before 2019, but the newly revised guide has significantly relaxed the scope of the object.