Ny artikkel: The Inventive Step Requirement for AI-Assisted Inventions
Torger Kielland publiserte nylig artikkelen 芦The Inventive Step Requirement for AI-Assisted Inventions禄 颈听NIR - Nordiskt Immateriellt R盲ttsskydd听4/2024.
Av: Torger Kielland
Publisert: (Updated: )
Torger Kielland recently published 颈听听4/2024.
The article is based on a presentation on the Nordic IP Meeting in Helsinki in September 2024.The article examines the implications of AI鈥檚 enhanced problem-solving capabilities on the legal standard for inventive step, with a focus on the evolving definition of the 鈥減erson skilled in the art鈥 under the European Patent Convention (EPC).聽
Four conceptual approaches to defining the skilled person for AI-assisted inventions are explored: (1) a human skilled in the art without AI capabilities, (2) a human skilled in AI, (3) a human equipped with AI tools, and (4) a machine skilled in the art. The article critiques the first and fourth approaches as inadequate, advocating instead for a hybrid model combining elements of the second and third approaches. This model envisions a skilled person as a human proficient in leveraging AI capabilities while retaining the creative and adaptive aspects of human cognition.