Ny artikkel: The Inventive Step Requirement for AI-Assisted Inventions

Torger Kielland recently published «The Inventive Step Requirement for AI-Assisted Inventions» i NIR - Nordiskt Immateriellt Rättsskydd 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’s enhanced problem-solving capabilities on the legal standard for inventive step, with a focus on the evolving definition of the “person skilled in the art” under the European Patent Convention (EPC). 

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.