In-depth Analysis Series (III) On The Latest "Draft Amendments To The Patent Examination Guidelines" Regarding New Examination Rules For Artificial Intelligence And Video Codec Technologies

On April 30, 2025, the China National Intellectual Property Administration (CNIPA) issued a notice soliciting public opinions on the "Draft Amendments to the Patent Examination Guidelines (Solicitation for Comments)." The notice was accompanied by a comparison table of the amendments and explanatory notes, inviting feedback from the public.

Among the revisions, the most notable updates include changes to the examination rules for the artificial intelligence field in Section 6, Chapter 9, and the introduction of examination rules for the video codec field in Section 7, Chapter 9. Specifically:

• In the first and second parts of Section 6, Chapter 9, the examination criteria for artificial intelligence-related patent applications have been revised, with corresponding case studies provided.
• In the third part of Section 6, Chapter 9, new requirements for drafting specifications for artificial intelligence-related patent applications have been introduced, along with relevant case studies.
• In Section 7, Chapter 9, new provisions have been added for the examination of invention patent applications involving bitstreams.

This series, authored by Irene Wang, provides an in-depth analysis of these changes in examination rules for artificial intelligence and video encoding/decoding fields. The series is divided into three articles corresponding to the above-mentioned amendments (1)-(3). This article focuses on the examination rules for patent applications related to bitstreams, as well as the drafting requirements for claims and specifications, offering relevant analysis and suggestions.

I. Examination Rules and Drafting Requirements for Invention Patent Applications Involving Bitstreams

In this revision, a new subsection was added—Chapter 9, Section 7—which explicitly states:

To "adapt to the rapid development of the streaming media industry, address the evolving technologies and application scenarios brought about by the industry's growth, and respond to the demand from innovators for enhanced patent protection across various aspects of the streaming media industry chain, including generation, storage, and transmission," the guidelines have been updated to align with high international standards of patent examination and protection. As a result, specific examination rules for invention patent applications involving bitstreams were introduced.

In recent years, the streaming media industry has grown rapidly, with evolving application scenarios for streaming media technologies. The scope of patent licensing fees for video codec technologies has expanded from traditional device manufacturers to streaming media platforms. Under these new circumstances, innovators' demands for protecting invention patents involving bitstreams have also shifted. Consequently, clear rules for the examination and protection of such patents were deemed necessary.

1. Newly Added Provisions for the Examination and Protection of Invention Patent Applications Involving Bitstreams

Chapter 9, Section 7 (Entirely New Content)

7. Examination Provisions for Invention Patent Applications Involving Bitstreams

In application areas such as streaming media, communication systems, and computer systems, various types of data are typically generated, stored, and transmitted in the form of bitstreams. This section aims to provide specific examination rules for the protection scope of invention patent applications involving bitstreams, as well as requirements for drafting specifications and claims, in accordance with the Patent Law and its implementing regulations.

7.1 Examination of the Protection Scope

7.1.1 Applications Not Eligible for Patent Protection
If the subject matter of a claim solely involves a pure bitstream, the claim falls under Article 25, Paragraph 1, Item (2) of the Patent Law, which pertains to rules and methods of mental activities, and thus does not qualify as patentable subject matter.
Similarly, if the content of a claim, apart from its title, is exclusively limited to pure bitstreams, the claim also falls under Article 25, Paragraph 1, Item (2) of the Patent Law and is not eligible for patent protection.

7.1.2 Applications Eligible for Patent Protection
In the technical field of digital video encoding/decoding, if a specific video encoding/decoding method for generating bitstreams constitutes a technical solution as defined in Article 2, Paragraph 2 of the Patent Law, then methods for storing or transmitting the bitstreams, as well as computer-readable storage media that store the bitstreams, which are defined based on the specific video encoding/decoding method, can achieve optimized allocation of storage or transmission resources. Therefore, these methods and computer-readable storage media qualify as technical solutions under Article 2, Paragraph 2 of the Patent Law and are eligible for patent protection.

The above provisions clarify the scenarios in which invention patent applications involving bitstreams may or may not be eligible for patent protection.

The signal sent by this amendment is that, in addition to specific methods for generating bitstreams and computer-readable storage media defined by such methods being eligible for patent protection, storage methods or transmission methods for bitstreams defined by these specific methods are also eligible for patent protection. This represents positive news for the comprehensive protection of streaming media technologies.

2. Newly Added Requirements for Drafting the Specification

The latest revision introduces new requirements for drafting the specification of invention patent applications involving bitstreams (entirely new content):

7.2 Drafting the Specification

For invention patent applications involving bitstreams generated by specific video encoding/decoding methods, the specification must provide a clear and comprehensive description of the specific video encoding/decoding method such that a person skilled in the relevant art can implement it. If the subject matter of protection involves methods for storing or transmitting the bitstream, or computer-readable storage media storing the bitstream, the specification must also provide corresponding descriptions to support the claims.
From the newly added requirements for drafting the specification, it is evident that:

- For method-related subject matters, the specification must provide a "clear and comprehensive description of the specific video encoding/decoding method such that a person skilled in the relevant technical field can implement it."
- For subject matters involving methods for storing or transmitting the bitstream, or computer-readable storage media storing the bitstream, the drafting standard for the specification is: "The specification must also provide corresponding descriptions to support the claims."

In practice, the specification must fully disclose the specific video encoding/decoding method used to generate the bitstream. If the subject matter of protection involves methods for storing or transmitting the bitstream, or computer-readable storage media storing the bitstream, the specification must also include corresponding descriptions to support the claims.

3. Newly Added Requirements for Drafting the Claims

The revision also introduces new requirements for drafting claims in invention patent applications involving bitstreams, clarifying the drafting methods for various types of claims related to bitstreams (entirely new content):

7.3 Drafting the Claims

Invention patent applications involving bitstreams generated by specific video encoding/decoding methods can be drafted as method claims, apparatus claims, and computer-readable storage media claims. Within the claims of a single invention patent application, the claims should generally be based on the specific video encoding/decoding method claim. Corresponding claims for storage methods, transmission methods, and/or computer-readable storage media can be drafted by either referencing the specific video encoding/decoding method claim or incorporating all the features of the specific video encoding/decoding method.

[Example 1] An invention patent application for "a video encoding method" can be drafted as follows:

1. A video encoding method, comprising:

acquiring a current frame image to be encoded and dividing the current frame image into a plurality of image blocks;
selecting at least one reference frame from encoded frames;
for each image block, searching for a best matching block in a reference frame and calculating a motion vector between the image block and the best matching block;
obtaining a prediction block from the reference frame based on the motion vector;
calculating a residual between the image block and the prediction block;
transforming and quantizing the residual to generate quantized coefficients;
entropy encoding the quantized coefficients and the motion vector to generate a bitstream.

2. A video encoding apparatus, comprising:

a frame image division unit configured to acquire a current frame image to be encoded and divide the current frame image into a plurality of image blocks;
a reference frame selection unit configured to select at least one reference frame from encoded frames;
a motion vector calculation unit configured to search for a best matching block in the reference frame for each image block and calculate the motion vector between the image block and the best matching block;
a prediction block acquisition unit configured to obtain a prediction block from the reference frame based on the motion vector;
a residual calculation unit configured to calculate a residual between the image block and the prediction block;
a transformation and quantization unit configured to transform and quantize the residual to generate quantized coefficients;
an entropy encoding unit configured to entropy encode the quantized coefficients and the motion vector to generate a bitstream.

3. A method for storing a bitstream, comprising storing the bitstream in a storage medium, characterized in that the bitstream is generated by the method of claim 1.

4. A method for transmitting a bitstream, comprising transmitting the bitstream, characterized in that the bitstream is generated by the method of claim 1.

5. A computer-readable storage medium for storing a bitstream, characterized in that the bitstream is generated by the method of claim 1.

From the above requirements for drafting claims, it is evident that:

- Method claims and corresponding apparatus claims can be drafted in the conventional manner.
- Claims for computer-readable storage media must be adjusted based on [Example 1].
- Additionally, as demonstrated in [Example 1], claims for storage methods, transmission methods, and computer-readable storage media must be based on the method claim, for instance, by referencing "the bitstream is generated by the method of claim 1" to draft the related claims.

II. Recommendations for Applicants of Patents Involving Bitstreams

For invention patent applications involving bitstreams, applicants should focus on the following aspects:

1. Patentability of Bitstreams: Invention patent applications that solely involve pure bitstreams are not considered patentable subject matter. However, if the specific video encoding/decoding method used to generate the bitstream constitutes a technical solution under the Patent Law, then methods for storing or transmitting the bitstream, as well as computer-readable storage media storing the bitstream, defined by this specific video encoding/decoding method, are eligible for patent protection.

2. Specification Requirements: The specification must fully disclose the specific video encoding/decoding method used to generate the bitstream. For claims involving methods and media for storing or transmitting the bitstream, the specification must include detailed content to support these claims.

3. Claim Drafting Strategies: When drafting claims for invention patent applications involving bitstreams, it is generally recommended to base the claims on the specific video encoding/decoding method. Corresponding claims for storage methods, transmission methods, and/or computer-readable storage media can be drafted by referencing the method claim or incorporating all the features of the method claim.

III. Conclusion

The latest draft amendments establish clear examination standards and drafting requirements for patent applications involving bitstreams. These revisions provide a more comprehensive framework for patent protection across all stages of the streaming media industry chain—from generation to storage and transmission. This reflects the proactive and forward-thinking approach of the China National Intellectual Property Administration (CNIPA) in aligning with international standards and adapting to technological advancements.

Not only do these amendments offer practical guidance for innovators, but they also demonstrate China's patent examination system's inclusiveness and support for emerging industries.

It is important to note that this draft is still in the solicitation of public opinions stage, and the final rules may be subject to adjustments. As the regulatory landscape for artificial intelligence patents continues to evolve, staying informed about these changes is crucial for applicants seeking protection for innovative technologies in China.

At Chang Tsi & Partners, we specialize in handling complex patent applications related to artificial intelligence and streaming media. Whether you are looking for more information on China's patent examination standards for artificial intelligence and streaming media or planning to file patents in these areas, we are here to assist you.