Killed in the Art? How Artificial Intelligence Challenges the Fictional Concept of the Skilled Person in Patent Law

Abstract

The legal fiction of the “person skilled in the art” is at the core of patent law. It impacts both a patent’s validity and its scope of protection as determined in infringement proceedings. The advent of Artificial Intelligence (AI) technology challenges the legal fiction, handing the “person skilled in the art” a powerful tool to process the world’s information with unprecedented breadth and speed. This article explores the effects of AI on the skilled person fiction, mapping out the potential points of friction in future patent validity and infringement litigation.

Keywords: Artificial intelligence, AI, patent law, fictional concept, skilled person, art