China's Latest IP Updates: Institutional And Regulatory Signals On Emerging Technologies

Introduction

Recent adjustments to China's trademark classification and patent examination guidelines indicate a coordinated regulatory effort to formally integrate emerging technologies—such as artificial intelligence (AI), digital services, green technologies, and data-driven business models—into the existing legal and commercial framework.

These developments should be understood not merely as routine legal updates, but as clear institutional signals relevant to compliance, market entry, and technology protection strategies.

1. Trademark Classification: From New Technologies to Legally Recognized Market Activities

On January 1, 2026, China implemented the 13th Edition (2026 Text) of the Nice Classification, together with corresponding updates to its domestic list of goods and services. Notable additions include:

• AI-as-a-Service (AIaaS)
• Service robots
• Bioremediation and green services
• Battery-related services for electric vehicles
• Intelligent medical and assistive devices
• Experience-based cultural entertainment such as drone light shows

While these technologies have already been commercially deployed worldwide, their formal inclusion in China's trademark classification system means they are recognized as legitimate, registrable, and enforceable market activities. This classification facilitates branding, licensing, and rights enforcement, moving these technologies from the "experimental" margin into the mainstream market order.

2. Patent Examination: Defining Protectable Technical Solutions and Compliance Boundaries

China's updated Patent Examination Guidelines, which also took effect on January 1, added clarity in key areas such as:

1) Artificial Intelligence – Examiners now assess algorithmic and technical features together, requiring applicants to disclose how models are built, trained, and applied in specific contexts. Functional or "black-box" descriptions are insufficient. Inventions involving illegal data collection, violations of personal information protection laws, or unethical decision-making mechanisms may be excluded from patent protection.

2) Bitstream-related Inventions – Pure data streams themselves are not patentable. However, where the bitstream is generated by specific video encoding or decoding methods that constitute a technical solution, claims related to methods for storing or transmitting the bitstream, as well as to computer-readable storage media containing the bitstream, may be eligible for patent protection.

3) Biological Breeding - Updated definitions clarify the boundary between unpatentable plant varieties and patent-eligible technical innovations, improving legal certainty while aligning with public policy.

These refinements seek to ensure that patent protection is granted only where there is verifiable technical contribution and compliance with legal and ethical standards.

3. Dual Institutional Adjustment: Market Entry and Technology Protection

Taken together, the trademark and patent updates reflect a consistent approach:

• Market Entry Layer (Trademarks) – Specifies which new services and business models are formally recognized and registrable.
• Technology Validation Layer (Patents) – Defines the technical and compliance requirements for obtaining and sustaining exclusive rights.

This is neither deregulation nor restrictive overreach—it is the explicit formalization of boundaries and expectations for innovative activities.

4. Implications for Corporate IP & Compliance Strategy

For multinational companies in AI, digital services, clean tech, advanced manufacturing, and life sciences:

• Timing: Institutional recognition often precedes intensified competition; early moves secure better trademark and patent positions.
• Alignment: IP strategies from other jurisdictions may need adaptation to China's emphasis on technical substantiation and legal/ethical compliance.
• Predictability: Clear rules reduce uncertainty in complex fields, allowing more confident planning.

Closing Observation: Regulatory Evolution in China's IP System

Institutional change is often manifested through the optimization of mechanisms such as classification systems and examination standards, rather than through public declarations. China's latest IP updates signal intent to systematically integrate next-generation technologies into the formal legal and commercial order.

For international businesses, the question is not whether these technologies will grow in China, but whether corporate IP and compliance strategies are aligned with the evolving institutional framework.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.