Context: Chinese companies own the largest number of artificial intelligence (AI) patents globally (July 2024 WIPO report). It is therefore no surprise that AI has become a key focus for China’s National IP Administration (CNIPA), with its head Shen Changyu meeting with AI startups across the Zhejiang province to discuss challenges they face in the realm of IP just last week. Meanwhile, the local governments of Beijing, Shanghai, Qingdao, Xiamen, Chengdu, Wuhan, and Zhejiang have been offering subsidy schemes for the creation of local standard-essential patent (SEP) pools every year since at least 2021. However, there is a thorough list of eligibility criteria and, while these schemes have been widely welcomed, they have so far not led to any publicly successful Chinese homegrown patent pools.
What’s new: The CNIPA is now planning to establish a patent pool for AI large models to “support the sustainable growth of enterprises”, Mr. Changyu said in an interview today (April 23, 2025 China Daily article).
Direct impact: As noted by patent pool administrator Sisvel’s Jacob Schindler (LinkedIn post), this move may be to ensure Chinese players are not blocking each other’s progress in the global AI landscape. DeepSeek is one example of a company that emerged from nothing to a national “triumph” – and they are likely going to be looking to repeat that, he noted.
Wider ramifications: However, while a pool may be “in the plans”, it will be interesting to see how that will look in practice, especially since China’s government has long been incentivising the creation of SEP pools, but this space lacks such technologies (and there is no sign of the SEP programs being successful).
In his interview today, Mr. Changyu said AI is a “key driver” of the new round of technological revolution and industrial transformation, and its development has been “nothing short of explosive”. Therefore, one of China’s most pressing issues has become how companies can deal with AI in accordance with the law and in terms of IP rights, ownership, and responsibility, he said.
On his tour in Zhejiang, Mr. Changyu asked IP administrators to maintain regular communication with AI startups to ensure their IP protection needs are met.
“It is urgent and crucial that we adapt our IP protection mechanism to keep pace with the rapid progress,” he said.
Mr. Changyu noted that, of the 77 national IP centers launched in China to provide businesses with comprehensive IP services, 62 offer preexamination services for AI-related patents (and 21,000 businesses and institutions have so far benefited from such services). Over 31,000 AI patents were granted through quick review channels, which “significantly supported the high-quality development of the AI industry”, he emphasized.
The CNIPA has also boosted collaborative IP protection systems with other authorities, such as courts, procuratorates, public security bureaus and customs – all of which have been invited to set up offices in 33 of the national IP protection centers.
“This move is conducive to improving the timeliness, coordination and effectiveness of administrative and judicial IP protection in emerging fields like AI,” he added, calling for local governments and industrial associations to join the IP protection team, too.