On December 6, 2024, the China National Intellectual Property Administration (CNIPA) drafted the Guidelines for Artificial Intelligence-related Invention Patent Applications (Draft for Comment) (the "Draft") for public consultation. The CNIPA is seeking comments from all sectors of society until December 13, 2024.

The Draft primarily addresses: (1) common types of AI-related patent applications and relevant legal issues; (2) identification of inventorship; (3) standards for the subject matter of inventions; (4) requirements for sufficient disclosure in the patent specification; (5) considerations for inventiveness; and (6) ethical issues in AI-related patent applications. The Draft categorizes the common application types into four groups: patents related to AI algorithms or models themselves; patents related to functionalities or applications in specific fields based on AI algorithms or models; patents involving inventions made with AI assistance; and patents involving inventions generated by AI. Building upon this categorization, the Draft addresses the key concerns of innovation stakeholders and outlines five major legal issues prevalent in the field of AI.

(Source: China National Intellectual Property Administration)