AI Can Almost Generate Evidence Of Patent Obviousness

AI Can Almost Generate Evidence Of Patent Obviousness

Publication

Partner Haixia Lin, Counsel Jonathan Knight, Associate Steve Su and technology specialist Zain Sadiq explore how an AI's statements might be used as evidence of obviousness, in an article published by Law360.

Excerpt: For a patent to be valid, the critical question often is whether its invention was obvious, namely whether the differences between the invention and what existed before, i.e., the prior art, would have been obvious to a person of ordinary skill in the art, or POSITA, to which the invention pertains.

With the advent of artificial intelligence and the recent introduction of ChatGPT, we ask:

Can statements generated by AI be used to bolster a case for obviousness?

In other words, can AI-generated responses confirm that a difference between the invention and the prior art is so trivial as to be obvious?

Read the full article.

Authors

Notice

Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link.(The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.