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Jing Qu and Dongguo Liang of Liu Shen & Associates consider how to best define ‘persons skilled in the art’, while examining the development of AI technologies
United States
It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to subject matter eligibility with an eye towards succeeding in patenting domestically and internationally.
In the U.S., computer-implemented inventions such as software and business methods are patentable, yet hurdles abound. When assessing the eligibility of software and business method patents, the U.S. Patent and Trademark Office applies the two step framework of Mayo and Alice.[1] If an invention is determined to be “abstract” in Step 1, it is often a fatal determination unless the Applicant can show “something more,” at Step 2, that transforms the abstract idea into patent eligible subject matter. Many software based inventions and business methods may be determined as “abstract” at Step 1, therefore practitioners must be prepared to
IP experts have come together in the 2021 China IP Focus to provide practical insight and analysis for businesses to navigate China's evolving IP landscape.
Algorithmic solutions in China under amended guidelines
Lei Jia of Beijing Sanyou Intellectual Property Agency considers whether there is a need to separately determine whether the algorithm includes ‘technical features’ in the revised guidelines for patent examination Sponsored by April 14 2021
The revision of the Guidelines for Patent Examination of the People s Republic of China (revised guidelines) was officially implemented on February 1 2020. Patent applications for inventions that contain algorithmic features or business rules and method features are further specified and exemplified.
Under the revised guidelines, examination is initially carried out under Article 25, paragraph 1, item (2) of the Chinese Patent Law, then further examination is carried out under Article 2, paragraph 2 of the Chinese Patent Law, during examination of the solutions. Since it is necessary to further determine if the solution that