Comment on the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing

Johnathon Liddicoat; James Parish

Comment on the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing

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Research output: Other contribution

Abstract

We commend the USPTO for investigating the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability. This topic requires careful thought, and any policy decisions could alter the long-term trajectory of R&D in the USA and worldwide. Despite the diverse questions in this call for comments, our argument in this submission is short and specific. We focus on question 8a, How, if at all, does the availability to a PHOSITA of AI as a tool impact whether something is well-known or common knowledge in the art? Our overarching point is that the USPTO will get opinions on this question, but clever policy development needs more than just opinions, and the USPTO is uniquely positioned to develop some of the best data to help guide deliberations.

Original language	English
Type	Report to USPTO
Publication status	Published - 29 Aug 2024

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https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4905766Licence: Unspecified

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title = "Comment on the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing",

abstract = "We commend the USPTO for investigating the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability. This topic requires careful thought, and any policy decisions could alter the long-term trajectory of R&D in the USA and worldwide. Despite the diverse questions in this call for comments, our argument in this submission is short and specific. We focus on question 8a, How, if at all, does the availability to a PHOSITA of AI as a tool impact whether something is well-known or common knowledge in the art? Our overarching point is that the USPTO will get opinions on this question, but clever policy development needs more than just opinions, and the USPTO is uniquely positioned to develop some of the best data to help guide deliberations.",

author = "Johnathon Liddicoat and James Parish",

year = "2024",

month = aug,

day = "29",

language = "English",

type = "Other",

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TY - GEN

T1 - Comment on the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing

AU - Liddicoat, Johnathon

AU - Parish, James

PY - 2024/8/29

Y1 - 2024/8/29

N2 - We commend the USPTO for investigating the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability. This topic requires careful thought, and any policy decisions could alter the long-term trajectory of R&D in the USA and worldwide. Despite the diverse questions in this call for comments, our argument in this submission is short and specific. We focus on question 8a, How, if at all, does the availability to a PHOSITA of AI as a tool impact whether something is well-known or common knowledge in the art? Our overarching point is that the USPTO will get opinions on this question, but clever policy development needs more than just opinions, and the USPTO is uniquely positioned to develop some of the best data to help guide deliberations.

AB - We commend the USPTO for investigating the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability. This topic requires careful thought, and any policy decisions could alter the long-term trajectory of R&D in the USA and worldwide. Despite the diverse questions in this call for comments, our argument in this submission is short and specific. We focus on question 8a, How, if at all, does the availability to a PHOSITA of AI as a tool impact whether something is well-known or common knowledge in the art? Our overarching point is that the USPTO will get opinions on this question, but clever policy development needs more than just opinions, and the USPTO is uniquely positioned to develop some of the best data to help guide deliberations.

M3 - Other contribution

ER -