Abstract

This chapter focuses on the challenges that a thinking machine paradigm of invention - one in which thinking machines play significant and sometimes dominant roles in the invention process - creates for U.S. patent law. It examines the disconnect between a thinking machine paradigm and the traditional model of invention that lies at the heart of patent law, explores some of the doctrinal challenges and practical problems that result from this disconnect, and concludes with four considerations to inform a patent policy response.

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