According to the beijing east city regulation, the national intellectual property authority recently revised the 2025 patent review guide, focusing on improving the criteria for reviewing patent applications for inventions in areas such as artificial intelligence (885728), big data, etc. The purpose of this revision is to respond accurately to technological development and industry needs, in particular by enhancing the scrutiny of whether patent applications are in accordance with the law, social morality and public interest, and by guiding artificial intelligence (885728) technology “smart for good”。
The present revision is intended primarily for part two, chapter ix, section 6, of the guide, which contains four elements:
I. Modification of chapter titles and enhancement of visual guidance
Amend the title of the original chapter “provisions relating to the review of patent applications for inventions containing algorithmic or commercial rules and methods”, to read “provisions relating to the review of patent applications for inventions involving artificial intelligence (885728), big data, etc. Containing algorithmic or commercial rules and methods”. This clarifies the scope of application of the review criteria in this section and highlights their relevance and orientation to new business practices in new areas such as artificial intelligence (885728)。
Ii. Adding review criteria to article 5, paragraph 1, of the patent act
Refinement of the subject of the review: in the “6. 1 review benchmarks”, it is clear that the review should be conducted in response to a limited solution to the claim, with the addition of the words “and, where necessary, review the content of the statement of claim”。
2. New review rules: the review criteria specifically introduced for article 5, paragraph 1, of the patent act provide that patent rights may not be granted to patent applications for inventions that contain characteristics of algorithms or commercial rules and methods that are contrary to the law, social morality or the public interest, such as data collection, labelling, regulation, recommendation for decision-making. This is intended to ensure that the relevant inventions comply strictly with legal provisions such as the personal information protection act and with the requirements of social ethics。
Iii. Add examples of reviews that are not authorized under article 5, paragraph 1, of the patent act
Add two additional examples of reviews in the section on 6. 2 review to specify patent applications that violate the relevant provisions。
[case 1] “a large-data-based intra-market mattress sales auxiliary system”: this system uses a camera in a public place to photograph the face of a customer without his or her knowledge for accurate marketing purposes. The program does not show that legal compliance with data acquisition (e. G. Obtaining the sole consent of the customer) is contrary to the personal information protection act and is an invention contrary to the law。
[case 2] “a methodology for establishing an unmanned (885736) vehicle emergency decision-making model”: this approach involves training in decision-making models through pedestrian sex and age and distinguishing between protected and hit objects in response to emergencies based on these factors. The programme makes differentiated decisions based on gender and age, contradicts the basic social values of respect for life and equality for all, entrenches and magnifies social prejudices and violates social morality。
