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Patentability Analysis of Artificial Intelligence and Big Data Patent Applications

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DOI: 10.23977/jaip.2023.060801 | Downloads: 6 | Views: 255


Li Xiaoqing 1, Zhang Xiaoxia 1


1 China National Intellectual Property Administration, Beijing, China

Corresponding Author

Li Xiaoqing


With the flourishing development of artificial intelligence and big data, the number of patent applications has also increased significantly. Since most improvements in the development of artificial intelligence and big data involve mathematical algorithms improvements, the patentability of such developments have been controversial in many countries. The purpose of the patent law is to protect technological innovation, but it does not clearly define what constitutes technology. Whether a patent application constitutes a technical solution is a major reason for the dispute over whether artificial intelligence and big data patent applications can be granted patent rights. This article discusses whether this type of applications can be granted patent rights from the standpoint of patent legislation and the three levels and three dimensions involved in the artificial intelligence patent applications, and gives the relevant analysis of the patentability.


Patentability, artificial intelligence and big data patent applications, three levels, three dimensions


Li Xiaoqing, Zhang Xiaoxia, Patentability Analysis of Artificial Intelligence and Big Data Patent Applications. Journal of Artificial Intelligence Practice (2023) Vol. 6: 1-5. DOI:


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