Blog Single Img

Will India ever beat China in AI patent filing?

4thMay, 2021

By Intellectual Partner

According to Forbes AI is evolving in a faster phase with one motive to change the world and to provide improved lifestyle. A well know example is a personnel assistant which helps people get more quality time while carrying out various many tasks of the people. With a personal assistant AI, we’ll be able to remove the more mundane tasks from our lives. For instance, there may be no need to go to the grocery store, meet with an appointment, or make that deadline yourself as your AI assistant knows just what to do, and when to do it. Consider the value of such help in managing your messages, helping to sort out your wardrobe, doing your laundry. However, the AI would only function according to its developed programming. Hence, one AI may be programmed to work on multiple assignments, while another may be far narrower in scope of application.
AI allows business owners to provide a more personalized experience to their customers. AI can analyze vast data way more efficiently. AI quickly identify patterns in the information- such as past buying history, buying preferences, credit scores and other common threads.
Increasing effective labor input with guaranteed corresponding output.
Businesses today are realizing the prospects of AI they know how valuable the technology is for achieving increased productivity. Unlike human labor that can be very limited, artificial intelligence provides more input with a corresponding positive output - on average. The technology is able to achieve this through the use of innovative.

India’s take on Software patents:

According to section 3(k) of the Patents Act, a mathematical or business method, a computer program per se or algorithms are not considered to be inventions. However, the current development in technology, has forced IPO to reconsider the software inventions and IPO has reconsidered the software patents are inventions provided the invention shows that there is a strong hardware disadvantage.

Case law:

In the Delhi High Court’s recent landmark ruling in Ferid Allani vs Union of India, the high court adopted a liberal approach that the test for determining patent eligibility is “if the invention demonstrates a technical advancement or a technical contribution even though the invention may be based on a computer program”. Thus, not all inventions that are based on a computer program are not patentable. The High court also observed that the IPO’s restrictive approach is contrary to global practices and that Indian practices must align with the global standard. The court set forth the proposition that technical effect or technical contribution should be determined in light of the guidelines, legislative material, judicial precedents and international practices. The criteria of technical advancement and hardware disadvantage is borrowed from US patent law.

Which is the leading country in filing number of AI patents?

China now leads the world in artificial intelligence patent applications, surpassing the United States for the first time, a development seen bolstering the country’s position as the second-largest market for AI amid Beijing’s tech and trade war with Washington.
Internet and tech giant Baidu led all Chinese companies with 1,522 filings, soaring to fourth place up from 11th. Other top Chinese firms included State Grid Corp. in sixth place with 1,173, and Tencent climbed to eighth from 20th with 766.
China's rise has been fueled by a government effort to advance research and development in AI. The country filed more than 30,000 public patents for AI in 2018, a roughly 10-fold jump in five years and about 2.5 times more than the U.S., which it surpassed for the lead in 2015.
By field, China's clout grew in AI patents for e-commerce, data searches and language processing. Filings for image processing technology were particularly strong at 16,000, more than quadruple the filings in the U.S. The country is a leader in facial recognition technology that can match a person's identity from an image of their face caught on video.
About 95% of the patents filed by Chinese companies were submitted to the China National Intellectual Property Administration, but many of them are eyeing overseas filing as well.
Being a relatively new area, patents regarding AI are considered to be easier to obtain than those in other traditional fields, such as biotechnology, which has been subject to many years of research.
Patents are awarded for about 70% of applications across all fields, but that figure raises to more than 90% for a subset of AI known as machine learning.

The main question is since there are number of software developers in India, will India ever beat China in AI Patent filing?

Due to relaxation the section 3(K) of the Patent act, India will soon beat China in Patent filing. A total of 1,338 patents were filed in 2018-19, of which 59.4% were tech patents with AI, computer technology, communication technology.
Indian inventors can concentrate on the areas where AI can be more beneficial to public for example as per the National strategy for AI such areas maybe healthcare, Agriculture, education, smart city and smart mobility and transportation.

Write Your Comments