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A related issue is whether the availability of AI as a tool for creating innovation should raise the bar for non-obviousness. Both effects could make it harder to obtain patents.


This would be called "obvious to try." It's an old concept in patent law, which I argue in [1] should be applied to software.

[1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399580


Thanks for sharing this paper!

I have always struggled to express exactly what my issue is with certain software patents.

With this paper I now have the vocabulary (and examples) to explain what I mean to someone outside the industry.


You're welcome.

The lawyers don't care, the PTO doesn't care, and industry executives don't care. The only answer is to get a bill in Congress, and start asking every candidate for Senator or Representative if they support it.

And make it clear that your support for them depends on a Yes answer.




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