China and U.S. Signal Openness to AI Patents in the AI Race, but Applicants Should Proceed Carefully

In an article published in Thomson Reuters Westlaw Today, Banner Witcoff’s Kirk Sigmon and Hengyi Jiang examine recent policy shifts in both China and the U.S. that signal a greater openness to AI-related patents, creating a more favorable environment for inventors.

Unlike prior years, both China and the United States are actively encouraging inventors to file Artificial Intelligence (“AI”)-related patents. This recent shift, partially driven by efforts to support fast-moving domestic AI industries, has been accompanied by a significant and very valuable policy development: Both the China National Intellectual Property Administration (“CNIPA”) and the U.S. Patent and Trademark Office (“USPTO”) have adopted more flexible examination standards for AI and machine learning (“ML”) applications.

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