Decision of the National Intellectual Property Administration for Amending the Guidelines for Patent Examination

 

For the purposes of comprehensively implementing the decisions and deployments of the CPC Central Committee and the State Council for strengthening intellectual property protection, and responding to the needs of innovation entities for further specifying the rules for examining patent applications involving artificial intelligence and other new formats and new fields, the National Intellectual Property Administration has decided to amend the Guidelines for Patent Examination, which are hereby issued and shall come into force on February 1, 2020.

 

China National Intellectual Property Administration

December 31, 2019

 

The National Intellectual Property Administration (“CNIPA”) has decided to make the following amendments to the Guidelines for Patent Examination:

 

Section 6 is added as follows in Chapter IX, Part II of the Guidelines for Patent Examination:

 

6. Relevant provisions on the examination of applications for invention patents containing algorithmic features or business rules and method features.

Applications for invention patents involving artificial intelligence, “Internet plus,” big data, and blockchain, among others, generally include rules and method features of algorithms or business rules and methods and other intellectual activities. This section is developed for prescribing the specialty of the examination of such types of applications according to the Patent Law and its detailed implementation rules.

 

6.1 Examination standards

Examination shall be conducted for solutions requiring protection, i.e. the solutions defined by the claims. In the examination, the technical features shall not be simply separated from the algorithmic features or the business rules and method features. Instead, all the contents recorded in a claim shall be regarded as a whole, and the technical means involved, the technical problems resolved, and the technical effects obtained shall be analyzed.

 

6.1.1 Examination under item (2), paragraph 1, Article 25 the Patent Law

Where a claim involves an abstract algorithm or simple commercial rules and methods, but does not contain any technical feature, the claim shall fall under the rules and methods for the intellectual activities prescribed in item (2), paragraph 1, Article 25 of the Patent Law and no patent shall be granted thereto. For example, a method for building a mathematical model based on an abstract algorithm and excluding technical features falls under the circumstance under which a patent right shall not be granted according to item (2), paragraph 1, Article 25 of the Patent Law. For another example, a method of rebate according to the consumption amount of users whose features are business rules and method features related to the rebate rules and do not contain any technical features falls under the circumstance under which a patent right shall not be granted according to item (2), paragraph 1, Article 25 of the Patent Law.

 

Where a claim contains technical features in addition to algorithmic features or business rules and method features, the claim as a whole is not a rule for or method of any intellectual activity. Its possibility of obtaining a patent right shall not be excluded according to item (2), paragraph 1, Article 25 of the Patent Law.

 

6.1.2 Examination under paragraph 2, Article 2 of the Patent Law

Where a claim required to be protected as a whole does not fall under the circumstance under which the patent right is excluded according to item (2), paragraph 1, Article 25 of the Patent Law, whether it belongs to a technical solution prescribed in paragraph 2, Article 2 of the Patent Law shall be examined.

 

When examining whether a claim containing algorithmic features or business rules and method features is a technical solution, all features recorded in the claim shall be considered as a whole. If the claim records that the technical issues to be resolved have adopted the technical means utilizing the natural law and the technical effect conforming to the natural law is obtained therefrom, the solution defined by the claim belongs to the technical solution prescribed in paragraph 2, Article 2, of the Patent Law. For example, if the various steps of an algorithm involved in a claim are closely related to the technical problem to be solved, and the data processed by the algorithm are data with specific technical meaning in the technical field, the execution of the algorithm can directly reflect the process of resolving a certain technical problem with natural law, technical effects have been obtained, and the solution defined in the claim generally belongs to a technical solution prescribed in paragraph 2, Article 2 of the Patent Law.

 

6.1.3 Examination of novelty and creativity

When examining the novelty of an application for invention patent containing algorithmic features or business rules and method features, all the features recorded in the claim shall be considered, and all the features include both technical features and algorithmic features or business rules and method features.

 

When examining creativity of an application for an invention patent that contains both technical features and algorithmic features or business rules and method features, the algorithmic features or business rules and method features that are functionally and mutually supportive and interactive with technical features shall be considered with the technical features as a whole. “Relationship of functionally supporting each other and mutual interaction” means that algorithmic features or business rules and method features are closely combined with technical features, have jointly formed technical means to resolve a technical problem, and may obtain corresponding technical effects.

 

For example, if the algorithm in a claim is applied in a specific technical field and can resolve a specific technical problem, it can be considered that the algorithmic features and technical features are functionally and mutually supportive and interactive with each other, and the algorithmic features become the composition of the algorithmic features adopted, in the examination of creativity, the contribution of the described algorithmic features to the technical solutions shall be considered.

 

For another example, if the implementation of the business rules and method features in the claims requires adjustment to or improvement of the technical means, it may be deemed that the business rules and method features and the technical features are functionally and mutually supportive and interactive with each other, and in the creativity examination, the contribution of the stated business rules and method features to the technical solution shall be considered.

 

6.2 Examination examples

According to the aforesaid examination standards, examination examples of applications for invention patents containing algorithmic features or business rules and method features are given.

 

(1) Applications for invention patents containing algorithmic features or business rules and method features under item (2), paragraph 1, Article 25 of the Patent Law are not subject matter of patent protection.

[Example 1]

A method of building a mathematical model

 

Overview of the application

The solution to the application for an invention patent is a method of building a mathematical model, which increases the accuracy of modeling by increasing the number of training samples. The modeling method also uses training samples of other categories of tasks related to the first classification of tasks as training samples of the mathematical model of the first classification of tasks, thereby increasing the number of training samples, and uses the feature values, extracted feature values, label values, and other relevant mathematical models to conduct training. Finally the mathematical model of the first classification of tasks is obtained, which overcomes the shortcomings of relatively poor modeling accuracy due to overfitting caused by fewer training samples.

 

Claims of the application

A method of building a mathematical model is characterized by and includes the following steps:

 

According to the feature values in the training samples of the first classification of tasks and the feature values in the training samples of the second classification of tasks, training is conducted for the initial feature extraction model and the target feature extraction model is obtained; of which, the second classification of tasks are other categories of tasks related to the first classification of tasks.

According to the said target feature extraction model, the future values in each training sample of the said first classification of tasks are respectively processed, to obtain the extraction feature values corresponding to each training sample.

The extracted feature values and label values corresponding to each training sample constitute extracted training samples, training is conducted for initial classification model, and target classification model is obtained.

The said target classification model and the said target feature extraction model are composed into a mathematical model of the first classification of task.

 

Analysis and conclusion

This solution does not involve any specific application field. The feature value, extracted feature value, label value, target classification model, and target feature extraction model of the processed training samples are abstract general data. The process of training the mathematic model with the relevant data of the training samples is a series of steps of the abstract mathematical method. The final result is also an abstract mathematical model under general classification. This solution is an abstract model building method. Its processing objects, processes, and results do not involve the combination with specific application areas. It belongs to the optimization of abstract mathematical methods and the entire solution does not include any technical features. The solution to an application for an invention patent belongs to the rules and methods of intellectual activity prescribed item (2), paragraph 1, Article 25 of the Patent Law, but does not belong to the subject matter of patent protection.

 

(2) An application for an invention patent that utilizes technical means and obtain technical effects in order to resolve technical problems and incorporates algorithmic features or business rules and method features belongs to the technical scheme prescribed in paragraph (2), Article 2 of the Patent Law, and therefore belongs to the subject matter of patent protection.

 

[Example 2]

Training methods of a convolutional neural network model

 

Overview of the application

The solution to the application for an invention patent is further conducting horizontal pooling operation on the feature images obtained after maximum pooling operation, after conducting convolution operation and maximum pooling operation on the convolutional layers at all levels, to make the CNN model trained be able to identify images of any size when identifying image categories.

 

Claims of the application

The training methods of CNN models of convolutional neural networks with the following features include the following methods:

 

Obtaining initial model parameters of the CNN model to be trained. The said initial model parameters include initial convolution kernels of the convolutional layers of each level, initial bias matrices of the said convolutional layers at all levels, initial weight matrices of the fully connected layers, and initial bias vector of the said fully connected layer;

Obtaining multiple training images;

On the said convolutional layers of each level, using the initial convolution kernels and initial bias matrix on the convolutional layers of each level, respectively conducting convolution operation and maximum pooling operation on each training image to obtain the first feature image on the said convolutional layers of each level;

Conducting horizontal pooling operation of the first feature image of each training image on a convolutional layer at a minimum to obtain the second feature image of each training image on the convolutional layer of each level;

Determining the feature vector of each training image according to the second feature image of each training image on the convolutional layer of each level;

Processing each feature vector according to the said initial weight matrix and initial bias vector to obtain a classification probability vector of each training image;

Calculating the classification error according to the classification probability vector of each training image and the initial classification of each training image;

Adjusting the model parameters of the CNN model to be trained based on the said classification errors;

Proceeding with the process of adjusting model parameters based on the adjusted model parameters and the said multiple training images until the number of iterations reaches a preset number;

Using the model parameters obtained when the number of iterations reaches a preset number as the model parameters of the trained CNN model.

 

Analysis and conclusion

This solution is a training method for CNN models of convolutional neural networks, which specified that the data processed at each step of the model training method are image data and how to process the image data at each step, which reflects the close relationship between the neural network training algorithm and image information processing. What this solution resolves is how to overcome the technical problem that the CNN model can only recognize images with a fixed size. It uses different methods to process and train the images on different convolutional layers, and uses technical methods that follow the laws of nature. The technical effect of the trained CNN model that can recognize images of any size is obtained. Therefore, the solution to this application for an invention patent belongs to the technical solution specified in paragraph 2, Article 2 of the Patent Law and the subject matter of patent protection.

 

[Example 3]

A method of using shared bikes

 

Overview of the application

The application for an invention patent proposes a method of using shared bikes. By acquiring the location information on a user's terminal device and the status information on a shared bike in a certain distance, a user may accurately find a shared bike available on the basis of the status information of the shared bike. By directing parking by users, this method facilitates the use and management of shared bikes, saves users' time, and improves users' experience.

 

Claims of the application

A method for using shared bikes is characterized by and includes the following steps:

 

Step 1: A user sends a request of using a shared bike to the server through a terminal device.

Step 2: A server obtains the first location information on the user, finds the second location information on the shared bikes in a certain distance corresponding to the first location information, and the status information on these shared bikes, sends the second position information and status information on the said shared bikes to the terminal device, of which the first position information and the second position information are obtained through GPS signals;

Step 3: The user finds the target shared bike available according to the location information on the shared bike displayed on the terminal device;

Step 4: The user scans the two-dimension code on the target shared bike through the terminal device, and obtains the permission to use the target shared bike after passing the authentication of the server;

Step 5: The server pushes the parking reminder to the user according to the riding route. If the user parks the bike in the designated area, preferential rate will be offered, otherwise standard rate will be adopted.

Step 6, The user makes a choice according to the reminder. After a riding ends, the user locks the shared bike and the shared bike sends a riding completion signal to the server after detecting the locked status.

 

Analysis and conclusion

The solution involves a method of using a shared bike. What is to be resolved is the technical problem of how to accurately find the position of a shared bike and unlock the shared bike. This solution realizes control and guidance of users' use of shared bikes by executing computer programs on the terminal device and the server. It reflects the control of collection and calculation of position information, authentication and other data. It uses the technical methods that follow the laws of nature, which realizes the technical effects of accurately finding the positions of shared bikes available and unlocking shared bikes. Therefore, the solution to this application for an invention patent belongs to the technical solution specified in paragraph 2, Article 2 of the Patent Law and the subject matter of patent protection.

 

[Example 4]

A communication method and device between blockchain nodes

 

Overview of the application

The application for an invention patent proposes a communication method and device for blockchain nodes. Before establishing a communication connection, a business node in the blockchain can determine whether to establish a communication connection according to the CA certificate carried in the communication request and a pre-configured CA trust list, which reduces the possibility of business nodes leaking private data and improves the security of data stored in the blockchain.

 

Claims of the application

A communication method of blockchain node. A blockchain node in a blockchain network includes a business node, of which, the business node stores a certificate sent by a certificate authority CA and is pre-configured with a CA trust list. The said method includes:

The first blockchain node receives a communication request sent by a second blockchain node, wherein the communication request carries the second certificate of the second blockchain node;

Determining a CA identification corresponding to the second certificate;

Determining whether the determined CA identification corresponding to the second certificate exists in the CA trust list;

If so, establishing a communication connection with the second blockchain node;

If not, not establishing any communication connection with the second blockchain node.

 

Analysis and conclusion

The problem to be resolved in this application is how to prevent blockchain business nodes from leaking users' private data in the alliance chain network. It belongs to the technical issue of improving the security of blockchain data. By carrying the CA certificate and pre-configuring the CA trust list in the communication request, it determines whether a connection is to be established and restricts the objects of business nodes for which connection can be established. It utilizes technical means that follow the laws of nature and has obtained the technical effects of secure communication between business nodes and reducing the possibility of business nodes leaking private data. Therefore, the solution to this application for an invention patent belongs to the technical solution specified in paragraph 2, Article 2 of the Patent Law and the subject matter of patent protection.

 

(3) An application for an invention patent that does not resolve technical problems, that does not utilize technical means, or that does not achieve technical effects, and that includes algorithmic features or business rules and method features, does not belong to the technical scheme specified in paragraph (2) Article 2 of the Patent Law, and therefore does not belong to the subject matter of patent protection.

 

[Example 5]

A method of consumption rebate

 

Overview of the application

The application for an invention patent offers a method of consumption rebate. The computer executes the set rebate rules to give users cash coupons for consumption, thereby increasing users' willingness to consume and obtain more profits for the merchant.

 

Claims of the application

A method of consumption rebate is characterized by and includes the following steps:

When a user consumes at a merchant, the merchant sends certain cash coupons based on the amount of consumption.

Specifically, the merchant uses a computer to calculate users' consumption amount and divides users' consumption amount R into M intervals, in which M is an integer, and the value from interval 1 to interval M ranges in an ascending order, and the amount F of the cash coupon is also be divided into M values which are also listed in an ascending order.

According to the calculated values of the computer, it is judged that when the user's current consumption amount is in range 1, the rebate amount is the first value, and when the user's current consumption amount is in range 2, the rebate amount is the second value, and so on. The rebate amount for the corresponding interval is returned to the user.

 

Analysis and conclusion

This solution involves a method of consumption rebate. This method is executed by a computer. The processing object is users' consumption data. The problem to be resolved is how to promote users' consumption. It does not constitute any technical problem. A computer is used to implement the rebate rules set by people, but the limitation on the computer is only to determine the rebate amount according to users' consumption amount according to the specified rules. It is not subject to the laws of nature. Therefore, no technical means are used. The effect obtained by this solution is only to promote users' consumption, rather than a technical effect that conforms to the laws of nature. Therefore, this application for an invention patent does not belong to the technical solution specified in paragraph 2, Article 2 of the Patent Law or a subject matter of patent protection.

 

[Example 6]

Economic prosperity index analysis method based on power consumption characteristics

 

Overview of the application

This application for an invention patent evaluates the economic prosperity index of the area to be tested by the statistics of various economic indicators and power consumption indicators.

 

Claims of the application

An economic prosperity index analysis method based on the regional power consumption features is characterized by and includes the following steps:

According to the economic data and power consumption data of the areas to be tested, preliminary indicators of the economic prosperity index of the area to be tested are selected, of which, the preliminary indicators include economic indicators and power consumption indicators;

The cluster analysis method and time difference correlation analysis method are implemented in computer, to determine the economic prosperity index system of the area to be tested, including leading indicators, coincident indicators, and lagging indicators;

According to the said economic prosperity index system of the area to be tested, a composite index calculation method is adopted to obtain the economic prosperity index of the area to be tested.

 

Analysis and conclusion

This solution is a method for analyzing and calculating the economic prosperity index. This method is executed by a computer. Its processing objects are various economic indicators and power consumption indicators. The problem to be resolved is to judge the economic trend, but does not constitute any technical problem. The method used is to analyze the economic situation based on economic data and power consumption data. Only economic management means adopted in accordance with the laws of economics are not subject to the constraints of the laws of nature. Therefore, no technical means are adopted. This solution can finally obtain the economic prosperity index for assessing the economy, other than technical effect that conforms to the laws of nature. Therefore, this solution does not belong to the technical solution prescribed in paragraph 2, Article 2 of the Patent Law or a subject matter of patent protection.

 

(4) When examining creativity, the contribution of the algorithmic features or business rules and method features that are mutually functionally supportive and interactive with technical features to technical schemes shall be considered.

[Example 7]

A method of detecting falling status of humanoid robot based on multi-sensor information

 

Overview of the application

Existing judgments on the falling status of a humanoid robot while walking mainly use posture information or ZMP point position information, but such judgment is not comprehensive. The application for an invention patent proposes a method of detecting the falling status of a humanoid robot based on multi-sensors. The robot's current stability and controllability are judged by real-time integration of the robot's gait phase information, attitude information and ZMP point position information, and using a fuzzy decision system, to provide reference for the robot's next move.

 

Claims of the application

 

A method of detecting the falling status of a humanoid robot based on multi-sensor information is characterized by and includes the following steps:

(a) Establishing a sensor information integration model with layered structure by integrating the attitude sensor information, zero-moment point (ZMP) sensor information, and robot's walking phase information;

 

(b) Respectively using the front-back fuzzy decision system and left-right fuzzy decision system to determine the stability of the robot in the front-back direction and left-right direction. The specific steps are as follows:

(i) Determining the walking phase of the robot based on the contact between the robot's supporting leg and the ground and offline gait planning;

(ii)( Using fuzzy inference algorithm to obfuscate the position information of ZMP points;

(iii)( Using fuzzy reasoning algorithm to obfuscate the pitch or roll angle of the robot;

(iv) Determining the output membership function;

(v) Determining the fuzzy inference rules according to steps (1) to (iv);

(vi) Ddefuzzification.

 

Analysis and conclusion

Comparative Document 1 discloses the gait planning of humanoid robots and feedback control based on sensor information, and judges the stability of robots based on the relevant integration information, including the evaluation of the humanoid robot's stability based on the information on multiple sensors, i.e., Comparative Document 1 discloses step (i) in the solution to the application for an invention patent. The difference between this solution and the Comparative Document 1 lies in the fuzzy decision method using the specific algorithm of step (ii).

 

Based on the application documents, it is known that this solution has effectively improved the stable state of a robot and the reliability and accuracy of the interpretation of robot's possible falling directions. The posture information, ZMP point position information, and walking phase information are used as input parameters. Information that determines the stable state of the humanoid robot is output through a fuzzy algorithm, which provides a basis for further issuing accurate posture adjustment instructions. Therefore, the aforesaid algorithmic features and technical features are functionally and mutually supportive and interactive with each other. Compared to Comparative Document 1, the determined technical problem resolved by the invention is: how to judge the stable state of the robot and accurately predict its possible falling directions. The implementation algorithm of the aforesaid fuzzy decisions and its application to the determination of the stable state of the robot are not disclosed by other comparative documents, nor common knowledge in the field. The prior art as a whole does not contain any enlightenment for technicians in this field to improve the Comparative Document 1 to obtain the claimed invention, and the technical solution of the claimed invention is non-obvious to the closest prior art and creative.

 

[Example 8]

Multi-robot path planning system based on cooperative co-evolution and multi-group genetic algorithm

 

Overview of the application

The existing multi-mobile robot motion planning and control structure usually adopts a centralized planning method. This method considers a multi-robot system as a complex robot with multiple degrees of freedom. A planner in the system uniformly completes the movement planning of all robots. Its disadvantage is that it takes a long time to calculate and is not very practical. The application for an invention patent provides a multi-robot path planning system based on cooperative evolution and multi-group genetic algorithm. Each path of the robot is represented by a chromosome. The shortest distance, smoothness, and safety distance are used as the three goals of the fitness function of the design path. The optimal path is obtained by optimizing the path of each robot through the Messy genetic algorithm.

 

Claims of the application

A multi-robot path planning system based on cooperative co-evolution and multi-group genetic algorithm is characterized by:

(a) A path of the robot is represented by a chromosome, and the chromosome is represented as a linked list of nodes, i.e., [(x, y), time], (x, y, time ∈ R), and (x, y) represents the robot's position coordinates, time represents the time required to move the node from the previous node, and the time at the start node equals to 0. For the chromosome of each robot, except the initial position of the initial node and the target position of the end node, the intermediate nodes and numbers of nodes are all variable.

 

(b) The fitness function of the path (j) of each Robot (i) is expressed as φ (pi, j):

|| pi, j || = Distance (pi, j) + ws × smooth (pi, j) + wt × Time (pi, j)

Where ||pi, j|| is a linear combination of distance, smoothness, and time consumption, ws is the smoothing weighting factor, and wt is the time weighting factor; Distance (pi, j) represents the length of the path, and smooth (pi, j) represents the smoothness of path, time (pi, j) is the time consumption of path pi, j; each robot uses the fitness function to optimize the optimal path through the Messy genetic algorithm.

 

Analysis and conclusion

Comparative Document 1 discloses a multi-robot path planning method based on cooperative co-evolution, in which a fitness function is used to obtain an optimal path through a chaotic genetic algorithm. The difference between the solution to the application for an invention patent and Comparative Document 1 lies in the realization of the multi-robot path planning by the Messy genetic algorithm.

 

In this solution, the robot's forward path is obtained after the optimization of the Messy genetic algorithm. The algorithmic feature and technical features of the solution are functionally and mutually supportive and interactive with each other, and have achieved the optimization of the robot's forward path. Compared with Comparative Document 1, the technical problem that the invention actually resolves is: how to make the robot advance on the optimal path based on a specific algorithm. Comparative Document 2 has disclosed that a variety of genetic algorithms including the chaotic genetic algorithm can be used for path optimization, while the Messy genetic algorithm can be used to resolve the disadvantages of other algorithms, thereby obtaining more reasonable optimization results. Based on the inspiration given by Comparative Document 2, technicians in this field have an incentive to combine Comparative Document 1 and Comparative Document 2 to obtain a technical solution for an application for an invention patent. Therefore, the claimed technical solution to the invention is obviously relative to the combination of Comparative Document 1 and Comparative Document 2 and is not creative.

 

[Example 9]

A logistics distribution method

 

Overview of the application

During the process of cargo distribution, how to effectively improve the efficiency of cargo distribution and reduce the cost of distribution is a problem to be resolved by the application for an invention patent. After arrival at the distribution site, logistics personnel can simultaneously notify multiple ordering users in a specific distribution area of pickup, by pushing a message to the ordering user terminal through the server, thereby achieving the purpose of improving the efficiency of goods distribution and reducing the cost of distribution.

 

Claims of the application

A logistics distribution method improves the efficiency of logistics distribution by notifying users in batches of picking up goods. The method includes:

When the dispatcher needs to notify users of picking up goods, the dispatcher sends a notification to the server that the goods have arrived through a handheld logistics terminal;

The server notifies the dispatcher in batches of all ordering users within the delivery range;

The ordering users receiving notifications completes pickup according to the notification information;

The specific implementation method of the server for batch notification is that the server determines, based on the dispatcher's ID recorded in the delivery notification sent by the logistics terminal, the current location of the logistics terminal, and the corresponding distribution range, all target order information within a delivery distance range corresponding to the dispatcher's ID and by centering on the current position of the logistics terminal, and then the notification information is pushed to all ordering users' terminals corresponding to the ordering users' account in the target order information.

 

Analysis and conclusion

Comparative Document 1 discloses a logistics distribution method, in which a logistics terminal scans a barcode on a delivery note and sends the scanning information to a server to notify the server that the goods have arrived; the server obtains the ordering users' information in the scanning information, and sends the ordering user a notification; the ordering user who receives the notification completes pickup according to the notification information.

 

The difference between the solution to the application for an invention patent and Comparative Document 1 is that the users are notified of the order arrival in batches. In order to realize notification in batchs, the data architecture and data communication methods between the server, logistics terminal and user terminal have been adjusted accordingly. Pickup notification rules and specific batch notifying methods are functionally and mutually supportive and interactive with each other. Compared with the Comparative Document 1, how the technical problem actually resolved by the invention improves the efficiency of notification for order arrival and thus improving the efficiency of goods distribution is determined. From users' perspective, users can get information on the arrival of orders more quickly, which also improves the user experience. As the prior art does not have the technical inspiration for the solution to the aforesaid Comparative Document 1 to obtain the solution to the application for an invention patent, the solution is creative.

 

[Example 10]

A visualization method for dynamic viewpoint evolution

 

Overview of the application

In recent years, people have increasingly expressed their opinions and ideas on social platforms. The emotional content that people have published on social platforms reflects the evolution of people's perspectives, from which, the development and trends of, and changes in events can be seen. The application for an invention patent automatically collects information published by people on social platforms and analyzes the emotions in it, and draws emotional visualization maps through computers to help people better understand the intensity changes in emotions at different times and the trends that evolve with time.

 

Claims of the application

A visualization method for dynamic viewpoint evolution. The methods include:

Step 1: The computing device determines an emotional membership degree and an emotion classification of the information in the collected information set, and the emotional membership degree of the said information indicates how likely the information belongs to a certain emotion classification;

Step 2: The said emotion is classified as positive, neutral, or negative. The specific classification method is: if the value r of the number of likes p divided by the number of points q is greater than the threshold a, the emotion is classified as positive; if the value r is less than the threshold b, the emotion is classified as negative; and if the value b≤r≤a, the emotion is classified as neutral, in which a> b;

Step 3: Based on the emotion classification of the said information, the geometric layout of the emotion visualization graphics of the information set is automatically established, the horizontal axis represents the time when the information is generated, and the vertical axis represents the amount of information belonging to each emotion classification;

Step 4: The computing device colors the established geometric layout based on the emotional membership degree of the said information, and colors the information on each emotion classification layer in a gradient order of the information colors.

 

Analysis and conclusion

Comparative Document 1 discloses a emotion-based visual analysis method, in which time is expressed as a horizontal axis, and the width of each color band at different times represents a measure of emotion at that time, and different color bands represent different emotion.

 

The difference between the solution to the application for an invention patent and Comparative Document 1 lies in the specific classification rules of emotions set in step 2. It can be seen from the application content that even if the emotion classification rules are different, the technical means for coloring the corresponding data can be the same without making any change, i.e, the aforesaid emotion classification rules and specific visualization methods are not functionally or mutually supportive or interactive with each other. Compared with Comparative Document 1, the application for an invention patent only proposes a new rule for emotion classification, which does not actually resolve any technical problem or make technical contributions to the existing technology. Therefore, the claimed technical scheme of the invention is not creative compared to Comparative Document 1.

 

6.3 Writing of Specifications and Claims

 

6.3.1 Writing of Specification

The specification of an application for an invention patent containing algorithmic features or business rules and method features shall clearly and completely describe the solution adopted by the invention for resolving its technical problems. On the basis of including technical features, the said solution may further include algorithmic features or business rules and method features that are functionally and mutually supportive and interactive with each other.

 

The specification shall indicate how the technical features and algorithmic features or business rules and method features are functionally and mutually supportive and interactive with each other and produce beneficial effects. For example, when algorithmic features are included, abstract algorithms shall be combined with specific technical fields, and the definition of at least one input parameter and its related output result shall be associated with specific data in the technical field; when business rules and method features are included, the entire process of resolving the technical problem shall be described and explained in detail, so that the technicians in the technical field can implement the solution to the invention according to the content in the specification.

 

The specification shall clearly and objectively indicate the beneficial effects of the invention compared with the prior art, such as the improvement in quality, accuracy or efficiency, and the improvement in the internal performance of the system. If, from the perspective of users, the user experience is objectively improved, it can also be described in the specification. Concurrently, it shall also explain how the improvement in the user experience consists of the technical features of the invention, and how their algorithmic features or business rules and method features that are functionally and mutually supportive and interactive with each other are brought together or produced.

 

6.3.2 Writing of Claims

The claims of an application for an invention patent that contain algorithmic features or business rules and method features shall be based on the specification and clearly and briefly restrict the scope of patent protection. The claims shall record the technical features and the algorithmic features or business rules and method features that are functionally and mutually supportive and interactive with each other.

 

The rest of this Chapter is not modified.

 

This Decision shall come into force on February 1, 2020.