September 16, 2020 Wednesday

Economic and Trade Information No. 238

Source: Legal Affairs Department of Shenzhen Municipal Trade Promotion Commission Release time: 2024-03-20

  The United States Patent and Trademark Office publishes invention guidelines and examples on AI-assisted inventions

  To incentivize, protect, and encourage investment in innovations enabled by the use of artificial intelligence, and to make clear to the public and the staff of the United States Patent and Trademark Office (USPTO) the patentability of AI-assisted inventions, the USPTO has published a new guidance in the Federal Register。The guidance fulfills the agency's obligations under the Executive Order on the Safe, Secure, and Trusted Development and Use of Artificial Intelligence。

  Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathleen.Kathi Vidal, director of Patent Management, said: "The patent system was designed to encourage and protect human ingenuity,And the investments needed to turn that ingenuity into marketable products and solutions。The patent system also encourages people to share ideas and solutions so that others can build on them。This guidance strikes a balance between granting patent protection to promote the development of human creativity and investing in AI-assisted inventions, without unnecessarily locking in innovations for future development。The guidelines do this by embracing the use of AI in innovation and focusing on human contributions。”

  The guidelines, which came into effect on February 13, make it clear that AI-assisted inventions are not absolutely unpatentable。The guidance provides guidance to examiners and stakeholders on how to determine whether a human contribution to an innovation is sufficient to be patentable in cases where AI has also contributed。The guidance builds on the existing inventor identity framework and instructs examiners and applicants to determine whether the inventor is correctly named in a patent or patent application for an invention created by humans with the assistance of one or more AI systems。The guideline states that inventions made a significant contribution by humans may seek patent protection。

  In addition, to further help examiners and applicants understand the guidance, the AI-related resources page on the agency's website provides examples of hypothetical scenarios on how the guidance could be applied。

  In order for interested parties to learn more about the guidelines, answer their questions and provide feedback, the USPTO invited parties to participate in a public webinar to be held on March 5 from 13:00 to 14:00 ET。The agency also invites users to read the Director's blog post on AI and Inventor Status Guidelines: "Inspiring Human Ingenuity and Investing in AI-Assisted Inventions."。

  The full text of the Inventor Identification Guide for AI-assisted inventions and corresponding examples can be found on the AI-related Resources webpage。The agency will receive public comments and suggestions on the Inventor Status guidelines and examples until May 13, 2024。Instructions on how to submit comments can be found in the Federal Register Notice。

  (Source: China Intellectual Property Protection Network)

  Brazil extends tax breaks for port investments until 2028

  According to Brazil's "Brazilian News Agency" news, the Brazilian port investment tax incentive policy extension meeting was recently held in the Brazilian Ministry of Finance。At the meeting, Brazil's Minister of Ports and Airports Silvio Filo said that the port investment tax incentive policy will be extended until 2028, and the tax reduction is expected to be between 4 billion and 5 billion reais。

  The policy stipulates that investments involving port modernization and port-related railway construction are exempted from import taxes, industrial products taxes (IPI), Social integration taxes (PIS) and Social security fees (Cofins).。

  Said Renan Filo, Brazil's transport minister,This tax incentive ensures that Brazilian exports are more competitive,The benefits far outweigh the losses from the exemption;It is highly likely that the Brazilian government will do so within the year,Preferential policies for port investment will be included in the tax reform plan in the form of supplementary bills,This will ensure that preferential policies for port terminals will be maintained after 2028。

  Finance Minister Haddad expressed support for the decision to extend the policy, saying that it is in line with the guidelines of the tax reform, as well as economic and environmental development policies, and that no country can develop without encouraging investment and without tax breaks。

  (Source: Economic and Commercial Office of the Embassy in Brazil)

  Summary of the latest customs clearance policies of ASEAN countries

  1.18 January 2024, Singapore and Malaysia sign Mutual Recognition Arrangement (MRA) for Certified Operators (AEOs)。This arrangement allows certified exporters of one party to enjoy fewer customs documentation and inspections when exporting goods to the other party。

  2.The Malaysian government has implemented the Low Cost Products (LVG) excise Duty policy since January 1, 2024, which imposes a 10% sales tax on low-priced imported products (less than RMB 760) sold online, except cigarettes。Shopee, the largest e-commerce platform in Southeast Asia, and major e-commerce platforms such as AliExpress and Lazada in China have started to collect sales tax。The move by the Malaysian government is aimed at supporting the development of small and medium-sized enterprises。

  3.On February 7, 2024, Thai Prime Minister Seta Thavit and Cambodian Prime Minister Khon Manay co-chaired the signing ceremony of a memorandum of cooperation between the two countries。Among them, the General Administration of Customs of Thailand and the General Administration of Customs of Cambodia signed a memorandum of understanding on the transit of goods, which will facilitate and support the transit clearance of bilateral goods。

  4.Indonesia has issued regulations stipulating that the government will provide financial incentives for importers of pure electric vehicles in the form of exemption from import duties and sales taxes on luxury goods,At the same time, the local Parts Component Index (TKDN) for electric vehicles was adjusted,其中,The TKDN index of electric two-wheelers/four-wheelers should reach the target of at least 40%,It must be achieved by 2026 instead of 2024。The specific criteria are:

  ① For electric two-wheeled/three-wheeled vehicles: from 2019 to 2026, TKDN of at least 40%;A TKDN of at least 60% between 2027 and 2029;By 2030 and beyond, TKDN should reach at least 80%。

  ② For four-wheel and above electric vehicles: 2019 to 2021,At least 35% TKDN;From 2022 to 2026,At least 40% TKDN;From 2027 to 2029,At least 60% TKDN;2030 and beyond,The TKDN should be at least 80%。

  (Source: China Council for the Promotion of International Trade)

  Ethiopia bans the import of non-electric vehicles

  Ethiopia has announced a ban on the import of non-electric vehicles, which was confirmed on January 29, 2024。As Ethiopia cannot afford to import petrol and diesel, the Ministry of Transport and Logistics will no longer allow vehicles that run on fossil fuels to enter the country。Last year, Ethiopia imported nearly $6 billion worth of fossil fuels, more than 50% of which was used in vehicles。

  A spokesman for the Ministry of Transport and Logistics said Ethiopia has cheap, abundant renewable energy electricity, about 90 percent of which comes from hydropower and the rest from wind and heat。Ethiopia will push ahead with the installation of electric vehicle charging stations to meet the resulting market demand。At the same time, the development of grid stability to support electric vehicle charging networks and encourage the replacement of fossil fuel vehicles will also be an important direction of the Ethiopian government's future work。A spokesperson for the Ministry of Transport and Logistics believes that the ban is expected to make Ethiopia a leader in the field of electric vehicles, creating a broad market for importers, electric vehicle manufacturers and infrastructure developers。

  (Source: South Asian Standards Study and Chengdu Technology Trade Measures)


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