Artificial Intelligence (“AI”) is part of our everyday lives. It refers to the ability of machines to exhibit humanlike intelligence to solve a problem, drive a car, play chess, recognize images etc. The AI market is expected to grow from USD 21 billion in 2019 to USD 190 billion in 2025, averaging over 50 % growth per year[1]. It follows that inventions using AI are the desired subject of patent protection from companies investing or developing them. This is particularly true in China and in South-East Asia (ASEAN) where AI is fast booming and new rules and examination guidelines on patenting AI are now flourishing offering new opportunities to applicants of AI inventions. This phenomenon poses new challenges to the traditional paradigm of patentability. Computers already are generating inventions under circumstances in which the computer, rather than a human person, meets the requirements to qualify as an inventor (‘computer inventorships’)[2]. This article assesses the patentability of AI related inventions in China and South-East Asia, based on country’s legislation, local practice and patent examination guideline where available.
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