Abstract
The article aims to reflect on the impacts of using Artificial Intelligence (AI) on the requirement of inventive step, viewed through the lens of the skilled person in the art, considering the legal framework in place. To do so, it revisits the concepts of inventive step and the skilled person in the art, conceived in a reality where creative acts were exclusively the result of human activity. With the advancement of AI usage, there is a shift in the landscape of research and development of technical solutions: the human mind no longer works alone in the inventive process. Depending on the level of AI involvement in the creation of the invention, it may either serve as an instrumental layer in the skilled person’s analysis of patentability or the claimed subject matter is ineligible for patent protection.
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