At the Directors' Meeting in June 2023, IP5 announced that based on the "IP5 Emerging Technology/Artificial Intelligence Roadmap" (IP5 NET/AI roadmap) formulated in 2021, it has launched the "AI-related invention IP5" proposed by the Japan Patent Office JPO. "Review Practical Data Collection Plan", which began to sort out the relevant laws, review standards and review cases of the five bureaus.
The JPO raised 19 questions for other offices to respond to, including: the examination criteria for AI-related inventions, asking where the AI-related examination standards are located and whether there are corresponding practices regarding the eligibility, recording requirements, novelty and advancement of the invention. Security etc. The responses from each bureau were compiled into a comparison table, which was approved at the IP5 Directors’ Meeting in June and published on the website of the IP5 bureaus. The conclusions are as follows:
- Regarding the invention eligibility of AI-related inventions, all five offices have relevant cases.
- Regarding the recording requirements for AI-related inventions, there are relevant cases in Europe, Japan, and South Korea.
- Novelty of AI-related inventions, there are relevant cases in Europe.
- The progressive nature of AI-related inventions has related cases in Europe, Japan, South Korea, and China.
- Europe, Japan, and China have introduced special chapters or cases for AI-related inventions in their examination standards, South Korea has formulated examination standards specifically for the field of AI technology, and the United States has released a webpage that collects AI-related patent resources.
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