On November 28, 2025, China’s National Intellectual Property Administration (CNIPA) held a press conference that provided more details about the recently revised Guidelines for Patent Examination for Artificial Intelligence (AI) and the recently announced Rectification Campaign on IP firms and IP practitioners that includes the Ministry of Public Security. Excerpts follow.
Regarding the Examination Guidelines:
Q: Lizhi News Reporter:
Director Jiang just mentioned that the recent revisions to the Patent Examination Guidelines further improve the examination standards for patent applications in the field of artificial intelligence. We have noticed that the Guidelines have been revised in several recent revisions, all of which have addressed related content. What is the relationship between this revision and previous revisions? What is the specific significance of these adjustments and changes?
A: Jiang Tong, Director of the Examination Business Management Department of the Patent Office
Thank you for your question. Accelerating the development of next-generation artificial intelligence is a strategic issue concerning whether my country can seize the opportunities presented by the new round of technological revolution and industrial transformation. Intellectual property plays a crucial dual role in serving the development of the artificial intelligence industry, providing both institutional and technological support. To promptly respond to the urgent needs of innovation entities for the protection of AI-related technologies, we have revised and improved the examination standards for patent applications in the field of artificial intelligence three times, and clarified them in the “Patent Examination Guidelines.”
The 2019 revision added a dedicated chapter on algorithmic features and clarified the standards for examining the subject matter eligibility, novelty, and inventiveness. The 2023 revision clarified the standards for examining the subject matter eligibility of artificial intelligence and big data, enriched the types of protectable topics, and for the first time introduced “user experience enhancement” as a factor in assessing inventiveness. This revision further improves the examination standards in the field of artificial intelligence, establishing a dedicated chapter for “artificial intelligence and big data” for the first time, mainly including three aspects:
First, we must strengthen ethical review of artificial intelligence. We should enhance the role of policy and legal safeguards, and in accordance with Article 5 of the Patent Law, which addresses the legality and ethical requirements of patent authorization, clarify that the implementation of AI-related technical solutions such as data collection and rule setting should comply with legal, social, and public interest requirements, thus solidifying the safety bottom line and guiding the development of AI towards “intelligent good.”
Second, the requirements for disclosing technical solutions in application documents are clarified. Addressing the “black box” nature of artificial intelligence models—that is, the public only knows the model’s inputs and outputs but not the logical relationship between them—and the potential problem of insufficient disclosure of technical solutions, the requirements for writing detailed descriptions in scenarios such as model construction and training are clarified, and the criteria for judging full disclosure are refined, thereby promoting the dissemination and application of artificial intelligence technologies.
Third, improve the rules for judging inventiveness. Clarify the inventiveness review standards for artificial intelligence technologies in different application scenarios and for different objects of processing, and use case studies to illustrate how to consider the contribution of algorithmic features to the technical solution, so as to further improve the objectivity and predictability of the review conclusions.
Going forward, we will continue to track the development of emerging industries and new business models such as artificial intelligence, and continue to improve our review standards in a timely manner to better adapt to the needs of technological development, providing a solid institutional guarantee for supporting the national strategic emerging industries layout and serving high-level scientific and technological self-reliance. Thank you.
Regarding the Rectification Campaign
Q: China Intellectual Property News Reporter:
Recently, the CNIPA, the Ministry of Public Security, and the State Administration for Market Regulation jointly launched a special campaign to rectify the intellectual property agency industry. What is the background to this special campaign? What are the main rectification measures to be taken?
A: Wang Peizhang, Director of the Department of Intellectual Property Utilization and Promotion
Thank you for your question. The intellectual property agency industry is a core component of the intellectual property service industry. High-quality agency services are crucial for achieving high-quality creation, efficient utilization, and high-standard protection of intellectual property. In recent years, the intellectual property agency industry has continued to develop and its service level has been continuously improving, making significant contributions to building a strong intellectual property nation. However, driven by profit, illegal and irregular activities in the intellectual property agency industry have also become increasingly frequent, seriously damaging the legitimate rights and interests of innovation entities, disrupting normal market order, and hindering the healthy development of the intellectual property cause. In response, the CNIPA attaches great importance to this issue and, in conjunction with the Ministry of Public Security and the State Administration for Market Regulation, has launched a three-month special rectification campaign.
This special rectification campaign adheres to the principles of problem-oriented approach, addressing both symptoms and root causes, implementing differentiated policies, and striving for practical results. It deploys 14 tasks across three aspects: severely cracking down on illegal and irregular activities, focusing on rectifying non-standard professional practices, and strengthening source governance. First, it severely cracks down on seven prominent illegal agency behaviors, including falsifying patent applicant information, fabricating patent applications, acting as an agent for a large number of abnormal patent applications, engaging in fraud, acting as an agent for malicious trademark applications, acting as an unqualified patent agent, and soliciting agency business through improper means. It also strengthens the connection between administrative and criminal law, transferring cases constituting crimes to public security organs for legal prosecution. Second, it focuses on rectifying the practice of agencies and personnel renting or lending their qualifications, accelerating the cleanup of agencies that have obtained agency qualifications through fraudulent means or no longer meet the conditions for practicing, and promoting the streamlining and improvement of the industry. Third, it comprehensively regulates the application, transfer, and operation behaviors of three types of entities: innovation entities, intellectual property buyers, and transaction operation platforms, and accelerates the optimization and adjustment of various assessment and evaluation policies related to patents. By strictly investigating and punishing illegal patent agencies and practitioners, rectifying and eliminating irregular practices, and publicly exposing typical illegal cases, a rapid deterrent effect is achieved. Simultaneously, the campaign emphasizes coordinated efforts from the application, examination, and agency ends to combat improper patent trading, curbing patent applications not based on genuine invention and patent trading not aimed at industrialization at the source. Overall, this special rectification campaign is not only a precise rectification of the problems exposed in the industry but also a powerful impetus for the long-term healthy development of the industry.
Next, we will strengthen organization and implementation, intensify rectification efforts, deepen source governance, and improve publicity and guidance to ensure that the rectification work achieves tangible results, promote the development of the intellectual property agency industry through standardization and improvement, and provide strong support for the high-quality development of the intellectual property cause. Thank you.
A full transcript of the press conference is available here (Chinese only).
