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Patent Examination and Prosecution EX09

Can AI-related inventions be patented in China?

Potentially yes. Current examination guidance assesses whether the claim is a patent-eligible technical solution and whether algorithmic features interact with technical features to produce a technical effect. An abstract model or rule by itself is not enough.

Research checked: 5 August 2026 Reviewed for publication

Why it matters

Put the question in the right procedure and timeline

Prosecution is a sequence of deadline-bound decisions. A response should preserve commercially useful scope while staying within the original disclosure and the current examination rules.

What changes the answer

What can change the answer

Draft from the technical problem, data processing in the technical context and measurable technical effect; avoid relying only on improved business logic.

Check before acting

Do not act on the summary alone for a live matter. An official record, service date, document version, party identity or transitional rule can change the conclusion.

What to prepare

Prepare these three points

  1. 01

    The latest official notice and its response deadline.

  2. 02

    The latest official record, notice or filing document for this issue.

  3. 03

    A timeline of key events, the earliest known deadline and the result you need.

Next step

Apply the answer to your actual record

01

Separate formal objections from substantive novelty or inventiveness issues.

02

Check whether this fact changes the answer: Draft from the technical problem, data processing in the technical context and measurable technical effect; avoid relying only on improved business logic.

03

Approve one written response strategy before the deadline.

China patent prosecution Ask about this issue

Official sources

Official sources used for this article

These links lead to original CNIPA, WIPO or Supreme People's Court materials. Check the latest text, effective date and matter-specific procedure when acting.

Prepared and checked by

Prepared and checked by Zhiquan IP against the listed primary materials. Cross-check the organization and contact details on the Credentials page.

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