AI innovation and a ‘person skilled in the art’

AI innovation and a ‘person skilled in the art’

Journal article

1 online resource (pages 643–644)

In an editorial published in May 2024,1 we examined the test for inventive step, where the ‘person skilled in the art’ is endowed with limited talents (a ‘donkey’) when determining whether the invention is non-obvious, but exhibits great expertise (a ‘genius’) when deciding whether the disclosure of the invention is sufficiently clear and complete. In this editorial, our person skilled in the art provides a further argument against treating innovations created solely by Artificial Intelligence (AI) as suitable for protection under patent law.

Intellectual Property Law & Practice, 20, 10, 2025.

Oxford, UK : Oxford University Press, 2025.

eng

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External Online Journals > Journal of Intellectual Property Law and Practise