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2024年7月29日，国务院新闻办公室举行“推动高质量发展”系列主题新闻发布会，国家知识产权局专利局副局长、战略规划司司长葛树在会上透露，截至2023年底，我国人工智能发明专利有效量达到37.8万件，同比增速超40%，是全球平均增速的1.4倍。
On 29 July 2024, the State Council Information Office held a series of press conferences on the theme of ‘Promoting High-Quality Development’, in which Ge Shu, deputy director of the Patent Office of the State Intellectual Property Office and director of the Department of Strategic Planning, disclosed that as of the end of 2023, the number of effective patents for AI inventions in China had reached 378,000, with year-on-year growth of over 40%, which is 1.4 times the global average growth rate. 40%, which is 1.4 times the global average growth rate.
中商产业研究院整理资料表明，生成式人工智能大模型产业化应用主要沿着两条路径发展，一是通用类大模型持续拓展应用领域，文心一言、通义千问、紫东太初、星火认知等中国的一批通用化大模型正在快速发展，打造跨行业通用化人工智能能力平台，其应用行业正在办公、生活、娱乐向医疗、工业、教育等加速渗透；二是垂直领域专业类大模型不断深化落地，一批针对生物制药、遥感、气象等垂直领域的专用大模型，发挥其领域纵深优势，提供针对特定业务场景的高质量专业化解决方案。
The information collated by the China Business Industry Research Institute shows that the industrialised application of generative artificial intelligence big models mainly develops along two paths, one is that the general-purpose class big models continue to expand their application areas, and a number of generalised big models in China such as Wenxin Yiyin, Tongyi Qianwen, Zidong Taichu, and Xinghuo Cognition are developing rapidly to build a cross-industry generalised AI capability platform, and their application industries are accelerating penetration of office, life and entertainment to medical, industrial, education, and so on. Its application industries are accelerating the penetration from office, life, entertainment to medical care, industry, education, etc. Secondly, the professional big models in vertical fields are deepening and landing, and a batch of special big models for vertical fields such as biopharmaceuticals, remote sensing, meteorology, etc., are giving full play to their domain depth advantages to provide high-quality specialised solutions for specific business scenarios.
近年来，随着世界人工智能技术的迅速发展，我国也高度重视发展人工智能，不仅是顺应潮流的表现，也是国际竞争中的必然选择。在这样的观念影响下，对于人工智能及其产物予以保护能够提高我国人工智能技术研发企业的国际竞争力、鼓励在人工智能领域的创新投入。但数据显示，我国在生成式人工智能专利的申请集中在功能和应用层面，底层的基础模型专利上的申请量较少，国外企业则就生成式人工智能领域的底层基础模型专利在中国提起了申请。
In recent years, with the rapid development of artificial intelligence technology in the world, China also attaches great importance to the development of artificial intelligence, which is not only a manifestation of conformity with the trend, but also an inevitable choice in international competition. Under the influence of such a concept, the protection of artificial intelligence and its products can improve the international competitiveness of China's artificial intelligence technology research and development enterprises, and encourage the investment of innovation in the field of artificial intelligence. However, the data show that China's generative artificial intelligence patent applications are concentrated in the function and application level, the underlying basic model patents on the application volume is relatively small, foreign enterprises on the generative artificial intelligence field of the underlying basic model patents filed in China.
2024年1月，谷歌于2018年提起的TRANSFORMER模型专利申请被国知局驳回，国知局给出的驳回理由为该申请不符合《专利法》第2条第2款的规定。目前该申请处于复审阶段。
In January 2024, Google's TRANSFORMER model patent application filed in 2018 was rejected by the State Intellectual Property Office (SIPO), which gave the reason for rejection as the application did not comply with the provisions of Article 2(2) of the Patent Law. The application is currently in the reexamination stage.
通过分析审查员给出的驳回理由可知，当下我国在生成式人工智能专利申请上着眼于技术问题，就具体技术领域的技术问题提出的技术方案，如若能够实现一定的技术效果、解决技术问题，更可能通过专利申请获得专利权。
By analysing the reasons for rejection given by the examiner, it can be seen that at present, China's patent application in generative artificial intelligence focuses on technical problems, and the technical solutions put forward in respect of the technical problems in specific technical fields are more likely to be granted patent rights through the patent application if they are able to achieve certain technical effects and solve technical problems.
