Patenting Artificial Intelligence in China and South-East Asia

Published on 07 Aug 2019 | 1 min read
Issues of Patentability, Inventorship and Enforcement

Artificial Intelligence (“AI”) is part of our everyday lives. It refers to the ability of machines to exhibit humanlike intelligence to solve a problem, drive a car, play chess, recognize images etc. The AI market is expected to grow from USD 21 billion in 2019 to USD 190 billion in 2025, averaging over 50 % growth per year[1]. It follows that inventions using AI are the desired subject of patent protection from companies investing or developing them. This is particularly true in China and in South-East Asia (ASEAN) where AI is fast booming and new rules and examination guidelines on patenting AI are now flourishing offering new opportunities to applicants of AI inventions. This phenomenon poses new challenges to the traditional paradigm of patentability. Computers already are generating inventions under circumstances in which the computer, rather than a human person, meets the requirements to qualify as an inventor (‘computer inventorships’)[2]. This article assesses the patentability of AI related inventions in China and South-East Asia, based on country’s legislation, local practice and patent examination guideline where available.

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Managing Partner at Baranda & Associates, Principal and Country Manager of Philippines business
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Principal, Climate Change & IP Group Head and Myanmar Country Manager
+66 2 653 2730
Principal
+62 21 769 7333
Principal, Vietnam Country Manager Rouse Legal Vietnam
+84 28 3823 6770
Managing Partner at Baranda & Associates, Principal and Country Manager of Philippines business
+63 2 403 1686