The Inventive Step Requirement and the Rise of the AI Machines
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This Chapter investigates the future of the inventive-step requirements for patents as Artificial Intelligence becomes a more common tool of invention making processes . While the statutory language on inventive-step may not need to change, its implementation will need to adapt to accommodate the use of AI. Patent examiners will need to augment the person skilled in the art as AI machines become more common in a field. However, which type of AI would become part of the person skilled in the art is highly dependent on the facts of each case. The incentive theory also supports this approach. It also suggests that the threshold for patentability may increase with the use of AI in a given field, for the patent system to maintain its present equilibrium.