Summary: The Inventive Step Requirement and the Rise of the AI Machines

This summary by Effie Papadea examines “The Inventive Step Requirement and the Rise of AI Machines” by Noam Shemtov and Garry A. Gabison. It explores how the inventive step requirement for patent protection may evolve as AI becomes an increasingly integral tool in research and development.

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Abstract 

This article explores the future of the inventive step requirement for patent granting as AI is developing into a more common tool of research and development. It argues that the application of this requirement may need to adapt to the increasing popularity of AI tools. Broadened AI use could influence several aspects of inventive step, such as the state of the art, the common general knowledge and the person skilled in the art. The use of AI may also lead to an increase of the threshold for patentability so that the patent system maintains the same balance and aims.

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