How AI Might Reboot Patent Law

Editor's note: This article is the fourth in a series of posts about AI and inventorship, developed as part of Professor Colleen V. Chien's AI and the Law class at Santa Clara University School of Law. The first blog describes the Thaler v. Hirshfeld appeal; the second, the technology behind DABUS; and the third, how patent practitioners view the issue of AI inventorship. Author Jungyeon Kim (SCU Law '22) is a technology specialist and an incoming associate at WilmerHale. He was previously an engineer in the server industry. To be patent eligible, an invention must be useful, novel, and nonobvious.