ABSTRACT
Patentability under the 35 USC § 103 obviousness standard relies on the ability of a person having ordinary skill in the art; however, the involvement of artificial intelligence in the inventive process challenges the standard. A misconception of the current capabilities of AI leads to arguments of universal obviousness where an independent and creative AI dominates the inventive process. Fortunately, AI of such a caliber does not exist. Thus, the difficulty of defining the inventive entity threatens patent protection’s incentive to innovate but need not extinguish the right to patentability outright. Redefining the standard of obviousness and distinguishing the user’s contributions enable the patentability of inventions resulting from the use of AI as an innovative tool …
Reinbold, Patric, Taking Artificial Intelligence Beyond the Turing Test (April 15, 2020). Wisconsin Law Review, 2020.
First posted 2020-05-14 05:28:16
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