Taiwan: What makes AI inventions patentable?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Taiwan: What makes AI inventions patentable?

turkey-artificial-intelligence-min-final.jpg

In parallel to the wide application of AI technology in various industries at a rapid speed, the number of patent applications covering AI is increasing in Taiwan as well.

Given that the core technology of artificial intelligence neural networks heavily involves abstract concepts, such as mathematical models, algorithms and software, and that an inventive concept that goes above and beyond an abstract idea is needed for a patent application, claiming such inventions can be challenging. Thus, drafting patent applications covering AI in a way the patent system will recognise as an invention has become a very important issue.

According to the current examination criteria adopted by TIPO, an AI invention is patent-eligible if it is essentially of inventive technical concept and the means of solving the target problem is technical-oriented. If an AI invention is constituted of an abstract concept and a technical element, the invention will pass the patent eligibility test in cases where the resulting data is generated by the technical element, the technical element may interact with other technical elements, and the invention as a whole can serve a specific technical purpose or function for practical application. If this is not the case, the AI invention will still be patent-eligible provided that, as a whole, it is able to effectively implement the specific technology involved in the invention.

A predictive analytics invention generally makes predictions through entering a model in a common neural network unit after completion of training based upon the entered historical data. Since to build a common neural network unit consisting of a memory and a processor is an inherent capability in the field of neural networks, such predictive analytics inventions can only be regarded as a fairly simple use of a computer, and are not patent-eligible if no specific technical purpose/problem is achieved/solved thereby. It is acceptable if the resulting forecast data further interacts with other technical elements so that the invention as a whole can achieve a specific technical purpose. On the other hand, if a processor incorporated in an AI invention is not used for a common neural network unit, but rather for a specific technical neural network, and if the invention can implement a specific technology, it will be considered patent-eligible.

In general, highly technical claims accompanied by an exhaustively disclosed specification explaining the problem intended to be solved by a claimed AI invention, as well as the solution offered, will greatly improve the odds of success in winning an argument for patent eligibility or sufficiency of disclosure.

In terms of the inventive step requirement, if the algorithms applied to a claimed neural network are neither disclosed in the specification nor recited in the claims, or the mathematical methods used are only enumerated in a simple manner, as the neural network is obviously not the inventor's contribution, the invention would unavoidably encounter a lack of inventive step rejection. If an inventor simply uses the current deep learning tool to generate data and apply the data to some operations that have been disclosed in prior art, his/her invention will be deemed to be only a simple change of traditional logic and mathematical operations into deep learning of neural networks, and is hence not in possession of inventive step.

TIPO's examination of AI-related issues may set the benchmark for future AI applications. Accordingly, practitioners ought to track these developments and update their knowledge and experience about eligibility and patentability considerations unique to AI inventions.

Yen-bin Gu

more from across site and SHARED ros bottom lb

More from across our site

Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
Gift this article