Patentability of General AI: Is China Moving Away From Europe and Toward The United States?

Patenting an artificial intelligence (AI) invention can be a challenge that depends greatly on jurisdiction and the category of AI to which the invention belongs. Important jurisdictions for patent protection include Europe and China, and, of course, the United States. There are two important categories of AI pertinent to patentability that are termed herein as “technically-applied AI” and “generally-applicable AI”.

Technically-applied AI involves applying AI to other technology areas. AI inventions in this category include, for example, autonomous vehicles and robots, facial recognition, and AI-controlled medical devices. Technically-applied AI inventions are generally patentable in Europe, China, and the U.S.

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