Patent Office to Examine AI’s Effect on ‘Prior Art,’ Obviousness

The US Patent and Trademark Office is asking for public input on how artificial intelligence affects what earlier inventions can block a patent and what level of expertise should be considered when deciding whether an invention is obvious.

The office wants to know whether AI-generated innovations should be used to determine whether an invention is obvious and therefore ineligible for patent protection, according to a request for comments scheduled to be published in Tuesday’s Federal Register. The agency also wants input on how AI tools affect whether something is well-known or common knowledge in certain technologies.

PTO Director Kathi Vidal ...