China's ACPAA bans patent applications generated by AI and limits fee competition

Applications of AI


On September 22, 2025, the All-China Patent Bar Association (ACPAA) released a revised code of discipline of patent investigators' professional ethics and practice to “furtherly improve the professional quality of patent agents, standardize the practice of patent agents, and ensure high quality development of Chinese industrial industry.” Two important changes include a prohibition against using artificial intelligence to directly generate patent application documents and maliciously lowering the prices of patent agency services. Earlier this year, Nanjing banned the use of AI in drafting patent application documents for advance questioning.

The ACPAA is a voluntary pseudo-governmental agency for Chinese patent lawyers and was approved by the Chinese state's National Intellectual Property Office (CNIPA). However, ACPAA's enforcement rights are limited to expelling members. One of the main objectives of the ACPAA is to “enhance the self-discipline of the profession, strengthen rules of professional behavior, improve the services of patent representatives, improve other related practices, and promote the quality development of patent representatives' professionals.

The translations for the two related articles are as follows:

Article 15 Patent Agents shall ensure the quality of the Patent Office and shall be responsible for the patent agency business they sign.

Patent agents cannot use artificial intelligence to directly generate patent application documents for final filing.

Article 48 Patent institutions must not engage in unfair competition in the following ways:

(1) make false claims about one's professional ability, promote the case maliciously, or conduct comparative advertising with other patent agencies;

(2) Maliciously lower the price of patent agency services.

(3) express or imply any special relationship with a judicial body, administrative body, social group or its staff;

(4) actively contacting clients of other patent institutions regarding specific cases or undertaking patent institutional business acquired through the above means.

(5) soliciting business by making negative comments about other patent institutions;

(6) Make inappropriate promises regarding the outcome of a patent application or patent case.

(7) soliciting the business by offering or committing to providing illegal fees, kickbacks, referral fees or other benefits.

(8) infringes trade secrets of other patent agencies.

(9) Other conduct that undermines fair competition orders in the industry.

The full text of the revised code can be found here (in Chinese only).



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